sunil (accounts asst) 29 December 2015
adv.raghavan (Advocate,9444674980) 30 December 2015
Very sad to hear such thing. 1, You have to prove the same in trial or you can opt for quash of the same, which i think will be difficult. 2, yes your mother can do the same. 3, she is substantiating your claim of cruelty by filing such cases. catch hold of good counsel who can make use of this situation to the maximum level possible. 4, It is difficult to get desired result at this moment. 5, Yes it is very much required.
prabhakar advocate (advocate) 30 December 2015
1. What action should I take now? the case is completely fake against me
If FIR is filed u/s. 498-A, then all the accused in the FIR should go to the court and apply for regular bail.
2.Can my mother file a case against her as she has bitten my mother?
Yes. You can file it in police station. If police do not take any action, you can also file private complaint before Chief Judicial Magistrate. Or your mother can also file DV case.
3.It is completely contradictory as she is fighting against 498a and I am also fighting for cruelty which case will prevail does it affect each other?
Both the cases will be decided on their own merits.
4.when courts grant an exparte divorce?
If court notice has been properly served on the wife and even after getting two to three opportunities, if she will not appear, then you can ask the court for ex-parte proceedings.
5.Does medical certificate is necessary for filing a case under section 498a?
No.
SAINATH DEVALLA (LEGAL CONSULTANT) 30 December 2015
I presume the differences that started within the matrimonial home,have been blown up beyond proportions,finally ending up criminal cases being filed.
UR query starts with the words "she has bitten my mother", can U elaborate the reasons for her doing so?
I find fault with both the husband and the wife for the happennings,when things could have been sorted out amicably,they have to run to the doorsteps of police stations courts.
sunil (accounts asst) 30 December 2015
Actually there are various such incidents just to be brief I have posted my query only. I have filed a detailed petition in the court my wife is suffering some mental disorder people from her side are not ready to take her responsibility the case reached to police station and divorce still we have not received a single call from her parents regardinng any issue her brother compares her with dog's tail which will not be streight. I think you may understand the case.
SAINATH DEVALLA (LEGAL CONSULTANT) 30 December 2015
If the divorce petition is on the grounds of mental disorder of the wife,it is very difficult to get it,as the husband has to prove it with valid medical evidences.Even then getting rid of a mentally ill wife amounts to cruelty in the eyes of law.
sunil (accounts asst) 30 December 2015
Divorce petition is on the ground of cruelty and not mental disorder. I have mentioned it in my query.
SAINATH DEVALLA (LEGAL CONSULTANT) 30 December 2015
GO THROUGH THIS CASE
Parveen Mehta vs Inderjit Mehta on 11 July, 2002
Born Fighter (xxx) 31 December 2015
Very sad and disturbing fall of events. After so many cases being filed against each other ,it appears REVENGE and RAGE as a reason for settling scores against each other.
If you continue fighting legal cases be rest assured you will lose 7-10yrs roaming around courts.
Pls cool down and relook at what has happened. Pls STOP this at any cost and look at MCD , it will be an utter waste of time fighting cases in court and you will get nothing at the end.