Is 498a stands if exparte divorce obtained on wifes cruelity

Threre is no connection between 498A and Divorce. 498A will continue and if you obtained divorce without her knowledge better not disclose before the appeal period else she may get it set aside.  

Hello Mithelesh,

Why it will not effect to 498a an dvc rights of women. Here husband  prior of 498a and dvc only obtained divorce against wife showing cruelity of wife under section 13ia if husband discloses at time of trial showing order copy of divorce proveing wife cruelity then he will be acquited in 498a and the rights of dvc to wife under maintainence, shelter will not get to her because  there are judgements when wife left away matrimonal house willfully she is not entilited to maintainence.

and here 498a is for offence to cruelity

dvc for releifs on grounds of cruelity

and section 13 ia is divorce on grounds of cruelity

and regarding above three same allegations and same pleading will be taken up.

Here to bypass the penal consequences first only husband obtained exparte divorce showing wifes cruelity when he obtained right way the exparte DIVORCE HE WILL WIN 498A AND DVC

and when wife proves he obtained exparte divorce in fraudelent way then he will be in big trouble and pianful to him

Wife can file 498a care by mentioning in it,  the instances of 498a type cruelty during the days of marital life even if husband gets ex-parte divorce (either legally or my misleading court)

hello Damyanthi mam here the grounds for divorce he obtained first that wife stayed only 7 days  and left way without intimation and refused for consumation of marraige in this grounds how wife can speceify the cruelity grounds in 498a

@ Author

Ex party Decree of divorce that you obtained means simply that "her side was never heard" and whatever you said in your Suit is one spouse versions and such Decrees can be set aside ir-respective she later filed S. 498a IPC and or DV suit or not !


Have you executed this ex Party Decree?


I assume NO !

So welcome to contesting now 2 - 1/2 suits in legal scenarios.
PS.: Here 1/2 suit is that ex party decree which  she has no knowledge of probably. If she was aware of divorce suit of yours and intentionally didnot appear then the factual matrix could be different so a que. to you now is to demistify facts from fiction is;

Que.: Did the process service of divorce suit done as per CPC procedures and she had knowledge of this divorce suit or not just answer this first.

YES,

both r different procedures!

Exparte decree is as valid as cotested decree nutil it is not set aside. One can get the benefit of that decree and if  it is found by the Court that the decree has been obtained by misleading the Court then it will not help in any manner. Misleading the Court is fraud with the Court and the person plays fraud with Court he is liable for punishment.

Exparte decree is as valid as cotested decree nutil it is not set aside. One can get the benefit of that decree and if  it is found by the Court that the decree has been obtained by misleading the Court then it will not help in any manner. Misleading the Court is fraud with the Court and the person plays fraud with Court he is liable for punishment.

Non consumation of marriage could be the best ground for getting divorce and not for Complaint U/sec. 498-A IPC

Tajobsindia and Narinder Sir

Here husband left away to  newzaland with in 15 days after maraige held on feb 22 2008 after that with in 15  promising he will send visa papers with in 3 months.After marraige I stayed  in  mother in laws house and occasional go to my parents house after that there is no proper communication from husband and avoided my calls but any how i requested through emails many times to send the visa papers . During the stay in mother in laws house they use to harass me in all the ways when ever i  asked to send visa papers they use to get violent  due to this  i said to my husband  through  email that pls send visa papers to my parents house but he did not listen to my words and send to my mother in laws house address by register past in her name only she only collected and gave to me after that i replied to him i got visa papers i went collected with my friend by email but later i found they are not correct papaers and two pares are missing and while takeing the cover is open even regarding this i kept in email to my husband but later he did not send remaing papers and keep on harraseing for dowry i said to husband through mails they are harraseing for dowry but no reply from his side one fine morning in september 2008 ist week when i asked seriously why u people are playing like this in rash discusions between me and my mother in lawwhile prepareing coffee in angry she throwed boiled water and due to this when i spoke with lot of anger again my brother in law hitted on my forhead i got 4 stiches and pushed out of house later my mother came and took me. I said regarding this to my husband in phone he said i will send necessary papers to u dont make big issue regarding this.  I trusted his words and in order to save my marraige life i kept quiet and after that  I stayed with my parents. In septmber 2 week  my sister gor job in Hyderabad due to this    I   too shifted  to Hyderabad by vacating the house and mean while  I am conservation with husband and whenm i asked to husband when u will take he came out of version  that he is having girl friend and want divorce i did not agreed for that and later said that even though if u want to be with me u should bring ten laks and farwarded all his conversations between him and his girl friend to my mail and written all unetical messages on my photographs in facebook and regarding this when we concert legal advisor he said due to technical diificulties it will be diffuclult to arrest nri persons so it almost 1 year u keep eye surely he will come to india. same what he said we kept enquirey through neighbours to my mother in law when he will come and we came to know later my brother in law marraige was fixed he came to india.

so baseing this i launched 498a on june 6th 2009 on him and he was jailed for 4 days and he came out of bail.

sir all the above was happend truely and i have all the mails what i suffered and narrated to him and same thing i kept in complaint of 498a and dvc.

and coming to exparte divorce obtained by husband i came to know is that while serving dvc notices to him my mother met old neighbours of my vacated and came to know some divorce notices has come and when i went to court  and observed  he obtained exparte divorce prior of filing my 498a case only that means he filed petition under specail leave petiiton under section 14 and filed divorce before lapse of oneyear only i.e he filed petition on 4th octber 2008 saying that i left away the house with in 4 days of marraige and  i did not agreed for consumation of marraige  and putting substituteing service that he know only my old address and he dont know any address so asked for paper publication adn got exparte divorce.

Here it is pertaint to mention the date of evidence in exparte divorce and while was in jail for 498a was coinsided and in anxiety to obtain exparte divorce he did not disclose he was in jail and filed chief affidvit through his advocate and wrongly attested he was out of jail and more over i tokk entire divorce doctet order proceeding and petitiond and observed while filing petition of divorce he was out of india but on same dates the petiion shows he was in india i collected all th eproves regarding this and set a sid e the divorce decree court recognised he played fruad upon the court and clearly mentioned in set a side order now divorce was restored basing on this i filed 340 crpc under forgery inpersonation wrong evidence includeing in his advocate and his parents and on him because witout his prsence how the divorce was obtained and how could sign and kept on his advocte in barc ouncil and bar council the advocate said he was not all council for my husband and this reply stated clearly he even impersonated advocate also.

this all i came to know my self and this peole never disclosed their exparte divorce and even my brother in law and mother in law filed quash petion in dvc that cannot claim on them but any how  so to bring the clear fact to high court first set asid ethe divorce decree and kept he fact in high court high court listened the fact and quaash petiton is dissmissed.

now just to put case in one pasition it took for me nearly almost 2 years by this june and now the the divorce what i restored dv cand 340 crpc FRAUDELENT exparte decree are runnign parallel so i want the decesion from ur side first i want to complete 340 crpc becasue  baseing this automatically the dvc and 498a waht i filed on him will become more stronger  so how to proceed in high court regarding this pls order first to family court to dispose 340 CRPC and what is the provision for that

sir the divorce he obtained is i stayed only 4 days with him and same order was obtained so how it will be possible for 498a

@ Author

Got it now.


I differ to Ld. Narinder views.


1. Fraud is fraud whether dne by either spouse. I will go by it withut touching the merits of facts in public forums. If by the facts it shows he as well as ld. adv. committed fraud and other serious offences then wheel of law must move. The attachment is one of the citations which may help you in your endavour. Anyhow the courts do not entertain S. 340 CrPC just becuase they have to stand at evidence stage so they delay it till the end i.e. at final Judgment time they prefer to touch the same. You squat and move to sessions to first dispose S. 340 CrPC either way and if it fails then to HC to dispose the same.


2. Well onto other parts of facts as narrated by you I can make out that the ex party Decree was rightly set aside. So by adding subsequent conduct of another spouse the divorce on cruelties grounds gets established in your favor. Concerning S. 498a IPC you have already moved the wheel of STATE so less said the better at this stage. For DV you have done the same as in S. 498a IPC


So in all it is quite a interesting facts you have built up. Well let us see how the Judicial wisdom favors you at the end. Offcourse it may take some time but from all these I could not make out what exactly you want from him and his side of family means you want compensation of time lost or want to teach them a lesson on cruelties inflected upon you since first week of marriage or you are looking at MCD at the end. So whatever your goal is you are the best person to march with it and yes you are quite a legal knowledge gained person so till now your progress via instituted cases are on riht path and have patience you will get your dues.


Well all the best.
 

Tajobsindia sir,

First of all thanks that u r catching my real pain and you are with my views

sir i know that many cases due to care less drafting and like this nri fraudelent marraiges and loopholes in obtaining  ex parte divorce many peopel who are suffering also at he end of judgement many cases are being acquital  i want exactly that he should punish and same way all money beacuse i have right  and more over the cheating what they done to me as a girl  i suffered lot and even my parents health spoiled i want exactly to show that how nri wifes are suffering due to technical difficulties

and more over coming to 34o crpc sir i have all his passport copies of stamping on said while signing in petiton and divorce procedure he was not in india

nd there is exact copy of coinsidence while giving evidence he was  in jail that bail order in 498 and docket order for my divorce and the counter of his advocate only

Then in that case follow

https://www.lawyersclubindia.com/forum/Family-Law-Vs-Perjury-some-gyan-23512.asp

PS: This is my last post to your thread let others pool in their wisdom accordingly.