LegalAdvice 22 October 2017

Different facts in 498a and divorce case

1. My wife FIR under 498a and various section of DPA. Session court granted ACB to all. I moved HC to quash the FIR, HC granted stay on FIR. Wife in response moved new application stating that Police was hand in glove with the accused, so dint registered FIR as per her version and she gave completely new set of allegations. HC disposed this application of wife at admission stage saying that let main matter of quasing appear in next hearing ( court dint made any other comment on this application).

2. we both filed divorce in separate states on ground of cruelty. She filed earlier. I also moved application before HC saying that both parties has applied divorce so court may please give for decision on quash application, HC admitted the application and final hearing, possibly judgement, is in next month.

3. Wife has almost copy paste the disposed application by HC in divorce petiton. (my appereance is still pending there)

Query:

1. can these new facts be allowed in divorce case ?

2. can this second complaint which has been disposed by HC be allowed as these allegations are nothing but after thoughts, averment, fabricated ones ?

3. can I go for trial for such designed alegations.

4.. can facts be different in civil case and criminal case for same cause of action.

Thanks.

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3 Replies

Siddharth Srivastava (Advocate) 22 October 2017

By giving two different version of facts your wife has put herself on the verge of doubts. You can confront her by her two versions. 1. It depends on version of facts and their relevance. 2. Difficult to predict but you can put doubts to the different versions of wife and you can challenge the same. 3. Yes. 4. In criminal case as such there is no alleged cause of action and it is only in civil law.

Vijay Raj Mahajan (Advocate) 23 October 2017

When you both want divorce than why don't you go for joint petition for divorce by mutual consent. Let me tell you the High Court will also advice for this and make both parties agree for disposing all other cases and complaints being filled against each other. The criminal complaint will get quashed on this agreement only.

LegalAdvice 23 October 2017

She appeared in the family Court of the state where I have applied divorce, she raised objection U/S 10 of CPC to stay the case as tecnically she filed earlier (2months of difference). Court opined MCD, but she is not ready for MCD.

She wants me to drag where she is living (another state) and has claimed huge amount in alimony, thus want to pressurise me by contesting divorce though both wants divorce a a relief. ( I have to travel from North to south of the country n its a big deal for me)

Court is not ready to grant divorce unless it is MCD/ contested through trial.