All is NOT well (Harrased by Biased Laws) 13 April 2012

Need advice on divorce and 498a case

Hi,

I had filed a case against my wife on the grounds of cruelty against my wife in July'11. After knowing this my wife filed a 498a and domestic violence case against me and my family in August'11 in Womens cell and court in which I got a bail on the first hearing.

Now in my divorce case even after 5 dates of summons serve, when my wife has not appeared in Court the court passed an order of Ex Parte. When the Ex Parte proceddings has started my wife's lawyer came and applied for set a side.

My question here is

(1.) will the set a side can be done by resopndent wife when they intensionaly avoiding the case anb filed the false dowry and DV case against me and my family after first summon serve of Divorce.

(2.) can the court pass a decree of divorce unless dowry case is settled down

(3.) can the court dismiss the false dowry case because it has been filed after my divorce case with just the sheer intension of harrasmanet of me and my family and grab huge amount of money.

Many Thanks in Advance!

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5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 April 2012

In all probability, her plea to set-aside the ex-parte proceedings would be accepted.

And it is possible to get divorce even before 498a is closed.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

All is NOT well (Harrased by Biased Laws) 16 April 2012

Thanks Shonee for your Reply.

One more Query - if my wife who is non working but professionally qualified (MBS) asks for a maintenance in Court, how much is the maintenenace in general.

The wife is living with her parents since last 1 year.

TIA,

Gaurav

dhirendra pateria (law officer) 16 April 2012

maintenence depends on many factors, however if your are able to proove that she is well qualified and not earning just to get maintenence from u the maintenence can be bare minimum

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 16 April 2012

Rightly said, it would depend upon many factors and most on the discretion of the court.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

All is NOT well (Harrased by Biased Laws) 30 April 2012

Thanks for the Reply.

I filed the Divorse case many beofre and then as a second thought wife filed Dowry case against me after 6 months. in those 6 month, wife did not appear any time in front of court for divorce proceedings. is this become the ground for Dowry case tro be dismissed or will it be stretched so longer?

TIA!