I got married on 2013, due to misunderstanding b/w both of us our family life became uncomfortable day by day. She left me permanently and went to her home on March 2014. Now the problem started to me they consulted lawyer and lawyer suggest to file an 498 A on me. My wife went to police station to register 498 A on me and my family members saying we harassed her for money which is completely false. We didn't took single rupee as dowry from there family as both families are friends from past 10 years. First time in my life I went to police station to attend counselling. But it was not actually counselling police started threatening me to give money and settle the case. Other wise we will arrest you and ur family members. There was no other option with me at that time as I looked my family prestige decided to pay huge amount to them.
As part of it they made an MOU which states that, my wife will file an divorce case for making marriage NULL and Void. The payment is divided into three parts.
- At the time of writing I have to pay 1/4
- After filing divorce case 1/4 of money ( Given Posted Dated Cheque already)
- Finally at the time of degree of divorce remaning money. ( Given Posted Dated Cheque already)
Actual Problem started here, as my wife as to file divorce petition she filed false petition on me under Section 12 A With out informing us and after filing petition she left to abroad. I filed counter petition and given cheque stoppage notification to them. My wife from abroad send GPA to his father regarding this case. Honorable Judge dismissed the GPA and ordered her to attend the court.
Now there lawyer and relatives started giving warning to us that if girl comes from abroad then we will file 498 A on u and ur family members. So they are suggesting that the current case (Section 12 A) they will make it dismiss saying to judge that girl wont come back to India so dismiss the case. After dismissal they are asking us to give the complete amount and to file divorce petition and they will became Ex party. I have few doubts can some one clarify
- After default dismissal of case, is it possible that my wife can reopen it ??
- Is there any time limit to reopen the case as my lawyer is saying after 2 years also my wife can reopen the case. Is it true ?? what is the time limit to reopen ?
- In case of Ex party: Summons received my there parents instead of my wife is valid to court ?? If there parents took summons from court in future is there any problem to me ??