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Sanjeev Kumar (Engineer)     10 August 2011

Setting aside divorce in family court

My wife had filed divorce on cruelty grounds in the family court in oct 2010. first hearing was in march 2011.i am abroad in middle east for last 2 yrs . my parents were sent summons 3 times but everytime returned that our son not living here. also they had disowned me (for their safety) 6 months before filing the divorce suit. i also have 498a on all my family members with demand of huge money to withdraw that. my ex wife needs divorce desperately as she has found a new guy.I had filed section 9 RCR 2 yrs back which she transferred to her city in same family court.

The only tool in my hand to get rid of 498a without paying money is to stop the divorce. I have appointed lawyer in family court but my problem is that i can't come to India in person to attend the divorce case as i have 498a on my head.

This hearing my ex got permission to publish in newspaper that i should attend the divorce proceedings in october.(as summons not delivered to me).This way she will get ex partee divorce.

My lawyer says- he will move an application on behalf of my father in family court that since the husband is abroad and parents can't take responsibility of him - the summons were not delivered to him, so the case can be set aside till the husband returns to India. 

He says if this application in lower court is rejected he will move to high court for the same prayer- and the High court will SET ASIDE the case till i can return to India .All this before next divorce hearings in October.

1. is this plan of my lawyer right?

2. What are the chances that family court will accept this application of my father and stop from giving ex partee divorce? Will the disowning of mine by my parents be of any use here ?My wife knows i can't come to India because of 498a and is taking advantage of it.

3. If this application is rejected in family court ! What are the chances that high court will SET ASIDE this case and for how long this can drag the divorce case? i want to drag the divorce case till she withdraws 498a.

4. Any other suggestion? Plan of action to stop divorce ? I can't appear personally.



 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 August 2011

How can the case be set aside 'till the husband returns'? when your parents have disowned you, why should they bother to move an application on your behalf? Why don't you talk to your wife through someone that you are ready for MCD if she withdraws s. 498A case?

1 Like

Sanjeev Kumar (Engineer)     10 August 2011

thanks madam! 

my parents have disowned me just because our lawyer told me that this is helpful in legal cases like 498a. otherwise i have a loving relationship with them.

regarding talking to wife - she is asking for huge amount of money to withdraw 498a and settle for mutual divorce. i am determined to pay nothing to her.i have already spent lakhs in fighting cases for last 2 yrs and i will not bow down to 498a extortion at any cost! 498a on me is false and has brought a bad name to my family.

Shubhankar Dutta (Private Practice Last 3 Years at Jalpaiguri District & Session Judge Court)     10 August 2011

what is the possion of your RCR?

when your wife filr498A ? before or after RCR ?

For further details you may contact with me ...

Shubhankar Dutta (Advocate)

Phone No. 91-9126479514, 09332966239





West Bengal


1 Like

Sanjeev Kumar (Engineer)     10 August 2011

RCR transferred to her city (she did it thru supreme court). It is now consolidated with the divorce case in the family court. i can't go there personally as i am abroad, and if i return my in laws will not let me go back (thru 498a).

RCR was filed before 498a , so we all could get anticipatory bail easily.

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