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(Guest)

Divorce procedure

Hi All, Marriage happened on 22.12.2012. My wife has filed 498a & DP 3&4 on 03.09.2013 on me. In FIR, my wife mentioned my name only. She mentioned in FIR, like 15 lakhs dowry and 150gms gold given to my husband in front of her relatives and my parents. I went to police station and release on regular bail.

In between elders and Police involved, They blackmailed me like I have taken 6 lakhs dowry at the time of marriage and same signatures taken from me by force on white paper and Rs.20 Bond paper,.

Due to the in-laws political fear and Police force, I have taken loan and deposited money through check 7.5 lakhs in Joint account, written on Rs.20 bond paper saying Father in laws money (Dowry) is Rs.6 lakhs and mine is 1.5 lakhs. Totally 7.5 lakhs deposited in joint account.

We have received the divorce notice from my wife’s lawyer on 23.12.2013 and same our lawyer given reply to my wife’s lawyer notice accepting divorce.  After that my lawyer told like that ur wife filed divorce and we both will receive divorce notice but till now we didn’t receive the notice from court and wife and out lawyer told we will receive and I will respond to that like that he told me. I have checked the status of case but it’s not there.

1)      Please advise how will I come to know whether my wife filed divorce or not?

2)      Is there any time limit is there to get divorce notice from wife and court?

3)      After legal notice, if both are accepting for divorce, if wife filed for divorce how many days it will take to get divorce?Please advise.

Thanks for ur time.



 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 January 2014

You lawyer send reply notice. contest the dowry cases and dv case. Why do you need divorce ?wait certain time . If she filed divorce petition you will get summons from the family court. After getting such summons consult your lawyer. 


(Guest)

Hi,Thanks for quick advise.How much time it will take to get court divorce summons from court.Divorce case filed by on 26.12.2103.am from andhra pradesh,Is there any way to check status ? wheather divorce filed or not?Pleasea advise.

kandukuri (Executive)     31 January 2014

Dear,

 

first of all how could you deposit such amount? when it was clear that your wife has filed a petition for divorce you should have waited for the summons that will be issued by the family court. 

 

It depends upon the court work the time taken by the court for issuing the summons. Once the file is moved on to the bench then definitely you will be getting the summons in a week.

 

Thirdly though both the Husband and wife wants divorce still the court orders you to stay seperately for 6 months this is known as judicial seperation. 

Ask you lawyer to find out in which court they have moved the petition? Advocates can get the details.

 


(Guest)

Hi, Thanks for quick advise. I have deposited money through check in joint account (Due to the in-laws political fear and Police force, I have taken loan and deposited money through check 7.5 lakhs in Joint account, written on Rs.20 bond paper saying Father in laws money (Dowry) is Rs.6 lakhs and mine is 1.5 lakhs. Totally 7.5 lakhs deposited in joint account.) and they mentioned when divorce decree day we have to withdraw money from joint account and give to wife like that they mentioned in that bond paper . "Joint account holders (One of elder is our side and one of elder from their side)". and my lawyer is telling when I receive the petition I will respond to that like that he is telling and he is not giving full information. I don' t know what is going exactly. Please advise whether our lawyer is doing correctly or not? If I ask to other lawyer whether he will give information on divorce petition? am scaring if I ask to other lawyer again he will ask to our lawyer. am totally messup. .Please advise how will I come to know whether my wife filed divorce or not? when I checked status in internet its not there.


(Guest)

Hi All, Pleae advise on above query.Thanks for ur time.


(Guest)

Hi Venkat, 

You should contest the case. If you received notice from your wifes lawyer. That divorce will get a date of hearing at court once it's been filed in Court. 

While 498a is still on you she sent you divorce notice. 498a case is still there it means.how could you let her go when still 498a is going on.When you are on bail they made you deposit money? thats cruelty.

Seems like on depositing money is on mutual agreement.

But u shouldnt have done that. If you deposited that money after 498a filed, it says that you have taken dowry and they have given it. 

Did any police mediated this? have you got any signature of him as witness?

 


(Guest)

HI, Thanks for quick advise. Yes, when am on bail they made me like this and due to the police force and father in law political background it happened like this and elders and lawyer mediated this. I have taken loan and deposited money in joint account. I got signatures from lawyer and elders on Rs 20 bond paper. In FIR they mentioned 15 lakhs dowry given and on Rs 20 bond paper they told 6 lakhs dowry given like that they taken signatures from me.


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