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divorce filed by husband on grounds of cruelty


Hello Experts ,


This is a case of my cousin


She got married in 2012. but her husband is a IMPOTENT person

After she came to know the fact, she got separated from her husband and also due to few disputes My cousin filed a 498(a) case against her husband and In- laws ( they were misguided by police as her father-in-law is also a Police ) --- it was not intentional but police created like that.


later as they are not getting any justice the Girl's parents filed a 420 case as that family  cheated in the name of marriage.


498 (A) case is on trails 

420 case -- got stay from Andhra Pradesh HC as they went for quash


as the cases are going on the Girl did not apply for DIVORCE ( as adviced by a lawyer who is providing them suggestions ).

The lawyer who is giving suggestions to the girl turned on to the Boys side ( as they offered him money ) and played fraud with her with out applying for divorce.


Now the husband filed Divorce on grounds of cruelty for filing criminal cases against them .


now My Questions are :


1). How corrrect it is to file counter against the boy on grounds of Impotency?

2). as they filed the case , can they prolong the case ?

3). Can the girl approach High Court for granting her Divorce on Grounds of impotency?

4). Can we file a case against the lawyer for playing Fraud ?

5). what can  be the better procedure to get the Divorce fast ?


Note : a mutual settlement is not possible in this case as we already tried and failed . The boy's family kept all the gold and money given at the time of marriage and not willing to return them and also the boy's father is a police officer and threatening the girl's family to withdraw criminal case to get Divorce 

 

Thank you in Advance

 
Reply   
 
Lawyer at Supreme Court of India

Dear, Its a little complicated situation ....but yes there is a way out .... Like for lawyer file a complaint against the concerned bar council of that state, so far as the fraud is concerned you file the petition under section 12 for annulment of marriage and make sure you move an application to the concerned court where divorce case is going that you were the one who suffered cruelty ..... Kapil Chandna Adv 9899011450

Total likes : 1 times

 
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Advocate

If mutual consent divorce is not possible, your cousin may file a memo submitting to the decree prayed for by her husband in the divorce case. Now to your questions:

1) If she is contesting the case, she may file counter to the petition filed by him.

2) It depends upon how your cousin reacts to the trial proceedings.

3) No

4) No.

5) Change the lawyer and proceed with the case.


Total likes : 2 times

 
Reply   
 

Originally posted by : Kapil Chandna

Dear,

Its a little complicated situation ....but yes there is a way out .... Like for lawyer file a complaint against the concerned bar council of that state, so far as the fraud is concerned you file the petition under section 12 for annulment of marriage and make sure you move an application to the concerned court where divorce case is going that you were the one who suffered cruelty .....

Kapil Chandna Adv 9899011450

 

Mam, is that possible to file for annulment of marriage after they filed for divorce 

 
Reply   
 
advocate

a petition can be filed about your husband status for annulment of marriage in the divorce case

and pray for it

 
Reply   
 
solve problems in criminal cases. lawproblems@gmail.com

Your case is contradictory.

 

When you file 498 A than how impotency can be proved.

 

Annulment is not easy since you can  not  prove your allegations.

 

Instead of many actions make straight  demand for DIVORCE which you can get easily.


Total likes : 1 times

 
Reply   
 
Manager

Sorry to hear the case.

What month did your Cousin got married? And after how many months did she leave her husband?

Everything matters in the Court of Law.

How to prove the potency test? The court will order it for a Government doctor and he will check and submit the report.

The other party or the advocate also might question is your Cousin Virgin? Are you ready for the test?

498a and 420 cases will take long time. Filing false cases will take you to jail if not properly proven.

Everybody wants quick justice or judgments, but Courts takes their own time and they are delay centers.

At last Time Wins.

498a is a criminal case and this will have lot of effect on the other party and Ego will be definitely hurt.

I would suggest with draw the cases; go for MCD, whatever happened as happen. If they give alimony or maintenance take it. Once you with draw cases they will give all your stuff back, settle the matter amicably with elders and relatives.

If MCD is not possible, nobody will go little down and you will be roaming courts forever. Think about it.

Again your Cousin wants to get married right? Now we are in 2015, already 3 years have gone.

The reason I ask is if you have gone through forums, different people suggest based on postings and this is my view. Remember I read your whole post and spent some time to write my view which is 2 cents.

 

Please excuse me if my post was direct.

 
Reply   
 
DEEMED/CONVEYANCE OF BUILDING

1). How corrrect it is to file counter against the boy on grounds of Impotency?

Ans :  You can file petition for Impotency of husband.

2). as they filed the case , can they prolong the case ?

Ans:  Yes

3). Can the girl approach High Court for granting her Divorce on Grounds of impotency?

Ans:  First to Family court  and on refusal, to High Court.

4). Can we file a case against the lawyer for playing Fraud ?

Ans: It is imperative do so as you do not have  any proof to establish.

5). what can  be the better procedure to get the Divorce fast ?

Ans:  At appropriate apportunity insist for mutual divorce and get it rid of it.


 
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