Is 498a stands if exparte divorce obtained on wifes cruelity

student

Here husband obtained exparte decree first only by misleadeing the court and wife on grounds cruelity towards wife .and later wife filed 498a and dvc in this conditions is 498a and dvc stands favourable for wife at time of trail if husband shows he lready obtained divorce prior of filing 498a and dvc only he got divorce showing wifes cruelity what is the situation at that time for poor wife

 
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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.  

 
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student

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

 

 
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Unemployed

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)

 

 
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student

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

 
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Senior Partner

@ 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.

 

 
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YES,

both r different procedures!

 
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Advocate

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.

 
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Advocate

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.

 
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Advocate

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

 
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