Helpmeoutplz (N/a) 23 February 2016

Dv & 498a

Res. Sir, I had married on 28/08/2015..I have filed case against my inlaws n husband under sec 498a, 34 on 5th feb 2016. But no action taken by the police yet. I also filed a case under dv act on 19/02/2016. My husband filed a petition for divorce on 7/12/2015 ..he is trying to prove marriage is fake as no sapatpadi rasam is performed and was saying that he was not ready to marry police had forced him & some of my mails in which i said i will suicide if he will not marry me... What will happen in my case...kindly suggest.

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Aashish George (lawyer) 23 February 2016

that is indeed unfortunate, but 498a has lost its teeth over the years. dv is also may not help if your husband does not have the house in his name or you dont have any proof of his income, the divorce will take a huge amount of time, max to max you may get maitenance and nothing fruitful is going to happen as far as 498a is concerned.

we can only comment so far as to what you have shared, you need to share your entire story in order for us to respond more accurately.

regards

aashish george

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 24 February 2016

You shall have to avail bail at the appropriate stage in the 498a case . As far as the divorce case is concerned , the prayer of the husband is Faulty . If he is himself Claiming that the saptaladi was not performed , then the marriage was never solllemnized and hence the said Marriage cannot be dissolved by the court . He should have sought a declaration instead of divorce . You may apply to have the plaint rejected . Contacf a good lawyer and move ahead confidently.