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mahesh (service)     09 January 2013

498a, domestic violence (dv) case.

Hi All,
I need some suggestion or advice from everybody, please help!

I was married on june 2009 in chennai and the girl was from Baroda. From the second day of the marriage onwards, she started creating trouble and throwing things without any reason. We tried to ask her what wrong was going with her. But she never replied properly. Often her mother use to call her and she hides and talk to her. After some days of marriage, she ran away from home without any reason to her house in Baroda. We didnt know where she went, Her mother and brother left for africa after 5 after of our marriage. We tried to call her mother but she resist saying anything. We filed a F.I.R in chennai. Hearing this she came back to chennai. But she had created many problems like running away several times to somebodys house and calling us from there to come and pick up. Later we found out she is mentally sick. One incident she consumed harpic toilet cleaner and for which we were very upset about this girl. We rushed her to doctor and was given treatment. One other incident, she opened the gas lid in our house and ran fastly to neighbours house. Later we found out the gas leakage and switched off the gas lid. She wanted to kill my mom and mother. From this we come to know, that everything was pre-planned to get extract money from us.

I talked to her many times, why she is doing this. She told me that something goes wrong and she does those things. Finally, we plan to take her to baroda on feb 2010 and hand over her to their relatives with her stridhan with signed in notarary documents and left back to chennai.. Her brother also mailed us saying that to handover her passport and other things to her for sometime.

Without our knowing, she left to africa and stayed there. After one month of her no contact and her cruel behaviour, i have to file a ex-parte divorce in chennai court. I was given divorce on ground for cruelty with legal preceedings. I got divorce in the year mar, 2011. Now she has come back to baroda from africa after 2 years.

Hearing this she has filed a case of 498a against me in aug,2012. But the baroda police station has taken the case and they came to arrest us on dowry case. But since they didnt had any local (chennai) police permission, they have to go back to baroda for processing. In the meanwhile we had filed for anti bail in ahmedabad seeking for quashing of case with necessary proofs.
Since she has not succeeded from her first case, she has filed a DV case 18,19,20 and 22 on us. For which we got summon from vadodara court to appear. But she has not mentioned in her statement that i have got ex-parte divorce, for which court has proceeded the orders. Now again we had applied in ahmedabad court seeking that the divorce is already granted in chennai court and after 2 years she has filed DV case. Which should not be taken. The case for 498a for quashing and DV case is still in pending.

My question is whether law says she can file anytime for 498a case and DV case after divorce??? should the court take the case?? Can i file any case against her for torturing me after knowing that i got a ex-parte divorce?? Does the law allow the women to stay away from husband without any contacts in between them for 2 years??



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 4 Replies

Sanjeev (Lawyer)     09 January 2013

She may now file a appeal to set aside the ex-party divorce degreee giving reasons that may be accepted by court so be prepared for it.

 

The cases filed by her need to be defended on merit and the ex-party divorce granted would not be of any help.

mahesh (service)     10 January 2013

Thanks for the reply!!

She has already come for set aside the ex-party divorce granted by high court in chennai! but she has not appeared in the first hearing, but she is trying to torture me in various ways by filing 498a, DV case of 18,19,20 and 22.


   She is now proving that she was not in india and she never knew about the ex-parte divorce. How can i defend myself?? Please give suggestion.. To what extent she can go???

 If i get married will the problem be solved?? Please suggest!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 January 2013

You should not get married now.

 

The case, as rightly said, would need to be fought on respective merits.

 

 

 

Regards,

 

Shonee Kapoor

mahesh (service)     07 February 2013

We have got stay in 498case and the DV is in the status of high court for judgement. In the meanwhile the girl has requested for mediation in which she wants to get some lump sum amount from me to extract. Should i go for it or should i decline it?? My question is whether if i go fo rmediation, surely she will try to extract more money from me as this case is weak by her side. She is now in a position that nothing is left for her only to re-open the case in chennai, where she has not appeared twice.


 I need a suggestion regarding it. Please help me.


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