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Remedy against Section 498-A & DV Act

Page no : 2

Sm........ (SR. EXECUTIVE)     12 August 2009

Respected members,

On dt. 15.07.09  I had  filed N.C.(Non cognigible Report)/Complaint  in my local police station regarding apprehension of 498A / DV ACt & possible threat of physical abuse and named all those persons who should be held responsible in case of any mishappening occurs to me.


I approached the Sharia Court also and met the qazi,  and told my case I also told him that I want to divorce my wife when she will be at her maternal home,   But the Qazi sahab told me that he will not issue any divorce decree without hearing the other party and he will also not issue any notice to her to appear before him.   And it is me who has to bring her to the Sharia Court.    Now I am in a dilema   if  I try to bring her to Sharia Court then they will definately file 498A etc. against me.

My question is Can I divorce her thru  Judicial Courts (under Sharia Law) my marriage is not registered.

What steps I can take so that their 498A  become ineffective.































Raghavendra (ragsan@gmail.com) (Lawyer)     01 March 2010

The best option in opinion is to compel your wife to come back and perform the marital obligations, pls dont forget that you have a kid, who has right of parent hood, filing police complaint or private complaint, will not solve the issues rather aggravates the situation and the sufferer would be your son.

you can seek the help of soft law ie., restitution of conjugal rights which you can file in the place where you stay and which was the last matrimonial home, the court will issue her notice and court may direct her to reside with you, in the process there are techniques like mediation conciliation etc which court me provide to set right your incompatibility.  and your married life will be more joyous..

say i love yout to your wife and kid evrey time, every day...you will not loose anything, and life is short and dont waste it with egos.

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