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ASHOK (trainer)     30 August 2012

Void marriage & 498a/406/ dva

Can my void wife( one yr separation now but  lived for 7 yrs & her previous marriage ended through notary in 2004) file 406 to claim her istridhan or straight 498a/DVA to harras me withoout serving me notice or trying CAW cell first. When will be the right time for me take AB? How can I counteract her?


 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     30 August 2012

1. 498A/406 applies even to a void marriage. The word wife in these sections is not interpreted strictly - See Reema Aggarwal v. Anupam (2004) SC. 

2. In Delhi atleast there can be no registration of FIR without resort to CAW Concilliation first. 

3. Best time to go in for an AB is when the matter is in CAW CELL. 


Good Luck !



3 Like

ASHOK (trainer)     01 September 2012


Abhishek Das (Corporate Sales manager)     02 September 2012

Hey this is Abhishek here. i got married and i loved my wife a lozz and i want to be wth her, but cannot force her to be wth me, as she loves some1 else befire marraige. i dont know what to do. Yesi knw i wnt be happy if she continues the same. but still my heart says yes if she can rectify, i can save my lov and shadi as i lov her a lott. so how can this be done ? as both families have turned hostile agaisnt each other, and m facing the most. So please help !!!

ASHOK (trainer)     02 September 2012

You cannot force her to live with you. Forget her and set her free and embark upon a new life. She doesnot deserve you.

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