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Hb   15 March 2018

After filing 498a and dv wife went to australia to study pr

Hi My wife has files false cases DV and 498a after 40 days of marriage. 498a consideration of charges is happening. DV i have submitted reply today and my parents have filed a discharge petition.

My FIL is signing the aplications mentioning SPA over it but after inspecting file no SPA has been given to court. My Lawyer has advised to be Mum over it and the issue would be raised afterwords.

1. What benifits could i have of My wife leaving me and settling in australia. Could i call for mediation? just to get her back to court. 

2. What counter cases could I put which would make it difficulkt for my wife to handle as she is outside indian jurisdiction.

3. Can this situation of her not residing in iNDIA help me in denial of interim maintance?

4. TEP is being filed as she has attached 40lac worth of bills. What else could I Do?

5. When is the right time to file for divorce or anulment and shoulod i file it? 20.04.2016 marriage--14.06.2016 wife left matrimonial home- 05.11.2017 complaint date --20-04-2017 Filed DV.



 8 Replies

Adv Radhika Mehta (Advocate)     15 March 2018

If you want to harass your wife, you can file for Restitution of Conjugal Rights.  Then insist for mediation in the pending proceedings while maintaining that you want your wife back. 

The very fact that she is presently studying in Austraila speaks clearly of her financial capacity and should help you while opposing the interim maintenance application.

As far as your query regarding annulment is concerned, your case doesnt fall into the ambit of nullity.  

Hb   15 March 2018

Thankyou for responding Radhika Maam, Could RCR backfire at anystage? For annulment i missed an imp information. To add 377 she had mentioned that s*xual organ was underdeveloped but I did 377 which itself contradicts, police removed it in FIR.  40 day marriage but now I think its late to hop on the annulment road.

My focus now is to defend interim maintance only. Lawyers say that it has to come but I want to actively defend as thats kind of imp battle. I have committed to 12K earnings freelancing no movable immovable property in my name. Also could submit my ITR which i will be filing first time this year.

Adv Radhika Mehta (Advocate)     16 March 2018

RCR as such does not backfire.  Yes it definately prolongs the duration of your litigation but nothing beyond that. 

See to come within the ambit of voidable marriage, you will have to prove fraud or misrepresentation was done by the girl or her family which induced you to marry her, amongst other grounds.  What you have mentioned is not fraud. However, if you are able to establish that she is doing all this as she is in a relationship, that would be fraud. 

Hb   16 March 2018

ok cause from what i read and understood that RCR just clears off all the wrongdoings of wife as you still ready to keep her. Also asking for divorce would be difficult after a RCR and its kind of making me change my stand so thats the reason i have some apprehentions.

Even knowing that she has a relationship but proving the same is different ball game in court and to prove cross country relationship will be very tough if i alledge today , I do happen to have secondary evidence .I may not be able to prove fully and courts are not very leniant on boys . girls can alledge anything and they are let off. so even though I am pretty confident on my 498a case and knowing the stats I wouldnt want to mess toomuch. 

Only issue at hand is the interim maintance is its in favour of her she will delay it long and that will be issue for me. 

I am prepairing written arguments to be submitted just after the normal arguments so it becomes tough for the majistrate to give unfavourable judgement and i have better chances of appeal. Is that a right strategy?

sai narayana   20 March 2018

You are more worried on interm maintenance than on your life. So recapitulate yourself what you need in your life

Hb   21 March 2018

Since the arguments to be done at hand are for interm maintenance not any arguments for life sentence 😊. Iife is going good it's just good to learn new things in law apply it in my case . The case is just for my recreation as it's only money game not life game but I like to win any game I start playing and don't compromise in between.

Hb   21 March 2018

Since the arguments to be done at hand are for interm maintenance not any arguments for life sentence 😊. Iife is going good it's just good to learn new things in law apply it in my case . The case is just for my recreation as it's only money game not life game but I like to win any game I start playing and don't compromise in between.

Hb   21 March 2018

Since the arguments to be done at hand are for interm maintenance not any arguments for life sentence 😊. Iife is going good it's just good to learn new things in law apply it in my case . The case is just for my recreation as it's only money game not life game but I like to win any game I start playing and don't compromise in between.

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