Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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NM (j)     31 January 2015

Divorce u/s 13(b) dismissed

 

My wife (Jaipur) first filed a Divorce petition on Cruelty against me (Delhi).

I replied her that she has done some adultery, and also wants divorce.

Later Mutual Consent Divorce under HMS 13(B)  was filed.

All her Streedhan was sent to her and a receipt was also taken.

But now when the actual date come, I refused to sign as she has not withdrawn a 66 IT act against me.

Immediately after that she filed a complaint against me and my brother u/s 498a and 406, even though when HMA 13(B) was enforced.

After investigation both the charges were dropped by Mahila police station against my brother, but they retained 498a against me.

Now court has dismissed HMA 13(B).

How I approach her now, as I don’t want to travel from Delhi to Jaipur.



Learning

 1 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     31 January 2015

its strange , once she has filed for mutual consent divorce than files other criminal complaints . In mutual consent divorce terms in respect to withdrawal of criminal pending cases were not started it appears. otherwise there is no ground to dismiiss mutual consent divorce .whereas it has been settled  and awaiting for dissolution of marriage orders.

Regards,

ADV. NIKHIL SETH

Mumbai  


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