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Harassed (self)     21 September 2012

Refile divorce

My wife filed a divorce petition which was quite short and asked for dissolution of marriage based on alleged cruelty. She has refused to return a huge sum of my salary earnings amounting to several lakhs that she took with her. There were no dowry allegations. I told her I would contest her false claims till I get atleast some of my money and property back.

Two months later, she has withdrawn that petition herself silently WITHOUT taking liberty from the court to refile before I even appeared, and now refiled another case on the same grounds the very next day. But this case has serious allegations of attempt to murder and constant dowry threats covering the same time period. She has filed 498a and DV cases that are identical copies. The new petition was filed the very next day and was clearly done only to harass me into conceding to her demands and support the false 498a and DV cases. We have not lived together for more than a year.

Can I pray for dismissal under Order 23 since she withdrew and refiled without taking liberty the very next day? How else can I challenge her malafide intent?



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