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Fight for justice (Consultant)     09 November 2014

What would be consequence after getting expertie

Dear All Expert

 

Could you please tell after ex-parte on section 13 B how long more husband need to wait..

Meantime what would be action from wife side...can they file 498 A post ex-parte on section 13 B ..please advice...

 

Thanks

Abhi



Learning

 20 Replies

Adv. Chandrasekhar (Advocate)     09 November 2014

ex-parte in 13-B? reframe your question for getting correct answer.

CompelledToLearnLaw (Financial Examiner)     09 November 2014

Abhijit, ur question has incensed the expert above.

 

I’m not incensed because I remember the time when I could not even speak one line of English. I understand fully that u could be no less intelligent than I am, u r just from another profession and have a new-born’s prospective on law. I have been there 3 months ago. And I’m still there.

 

Sec 13B of HMA cannot go exparte because the case in not against any party. It is a prayer filed by a husband and a wife to get a divorce, and the law requires that both parties affirm their consent to court at two different occasions. Pls know that if a petitioner does not appear in a civil case, the case does not proceed exparte, the case is dismissed and filed into the record room. For a case to go ex-parte, the defendant(notice I did not say accused) needs to be absent from the case. And in a case of 13B, there is no defendant.

 

The issue I have here is whether ur question is genuine. Because if u actually did apply under 13B, ur lawyer could’ve answered this question before a blink of an eye. It takes me weeks to research and arrive at the same answers that my lawyer provides me in a heartbeat. So I have hard time believing that a person who has applied under 13B, and has a lawyer, would not know this much. If u r just getting a second opinion, carry on. If u haven’t applied under 13B and u r just researching the subject, carry on sir.

Fight for justice (Consultant)     09 November 2014

Hello All

 

Thanks for posting your openion on my question..I am extremly sorry that i have mentioned section 13 B instead section 9...we have filled a case 1 years back and have served notices 5 times to my wife..we have published in papper aswell.but they are least bother to attend in any of the dates at court..We are serving notice as per the address provided by wife during applyng marriage certificate but every time notice is returing with comment as wrong address....Now my advocate is saying we will get ex-parte if they will not appear at court on on or before 20/11/2014.as we have already pubilisded in paper to come and attend in court...could you please tell in this scenario what would be the probable action plan from my wife side...can my wife still lodged 498 a case against me...please advice..

 

Thanks

Abhijit

Fight for justice (Consultant)     09 November 2014

Thanks Gowda sir ..i will call you soon..

Fight for justice (Consultant)     09 November 2014

For your information its been around 3 years we are staying seperately ...from social media and her friends I came to know that my wife is already staying with some one ...i am trying to get the evidence but no success yet as she had hidden her  identity from every one ..she is not even contacting any of her batch mates/villages mates...she is posting many photoies which easily reveled that she is good and staying happily ...i came to know from reliable sources that her father is looking for a huge alumeny  from us to  close the matter..they are not interested to amicably sortout this matter...i am the only son of my family and my parents are overadged ( 75+).we are mentally very much disturbed..her  father is perindically repetedly harashing my family to lodge 498 A case and also have threthend to kill me...as our indian law is very much woman centric i am afraid to face any for any false allegation from my wife...please advice...

Fight for justice (Consultant)     10 November 2014

Any suggestion from any one on this ..

Adv. Chandrasekhar (Advocate)     10 November 2014

1. After ex-parte order has been passed you are asked to lead evidence to show that the wife has deserted you without any reasonable cause.  After evidence, if court satisfies, passes RCR in your favour.  After that in the same court, you file execution.  That cannot be executed.

2. One year after the passing of RCR decree, you can move divorce petition under Section 13-1(A)(ii) and you will get divorce.

3.  In the meantime, your wife by any available ground may make an application to set aside ex-parte order or RCR order and if the court finds merit in her application may allow it with costs or dismiss it.  If it allows, RCR decree will be set aside and the case starts afresh.

4. Or after you take the step 2 above also, she can make appropriate application.

5. Your FIL cannot file Section 498-A case.  Your wife only can make such complaint.  If there is an inordinate delay in filing complaint, she has to explain the court for the delay.  You have to contest the case on merits.  The same in the case of DV case.  If she files, you have to contest it.

CompelledToLearnLaw (Financial Examiner)     10 November 2014

Wow, Advocate Chandrasekhar, u too? You wrote, "Your FIL cannot file Section 498-A case. Your wife only can make such complaint."
 
For general public, is there even a benefit to visiting sites like these? I think it's better we ourselves read the law books. There was this one student in my class who was performing very poorly in his studies. He went on to become a lawyer and now he's a local MP. I hope not all lawyers and politicians are below average academically.
 
Brother Abhijit, as sure as I am that life will empty itself into death, so sure I am that ur father-in-law can file a 498a case. I can flood this thread with such examples. Hopefully, the following proofs will suffice:
 
"Question: Who can file the complaint U/S 498A I.P.C.?
Answer: The Complainant herself or her relative and any other person having the authority letter signed by her can file a complaint on her behalf."
Reference:Delhi Police; https://spuwac.com/what-is-498a-i-p-c/
 
Also see:
 
https://in.answers.yahoo.com/question/index?qid=20110112064515AAXrocc
 
https://www.498a.org/faq.htm
1 Like

Fight for justice (Consultant)     10 November 2014

sir 3 years i have waited her to come back ..last 1 years i am keep sending court order to her to come back ...again after ex-pertie i need to wait another 1 year...why our law is so woman centric...there should be amendmend..this is the reason why few woman are misusing 498 A case...in 21 st century still seems like we are living in a legacy system ...

 

 

 

Fight for justice (Consultant)     10 November 2014

@CompelledToLearnLaw

I am not getting your point ...if she is really genue why she is hiding her identity since a long time .any how court have to understand the reality ....i have already wasted my golden 3 years..

Adv. Chandrasekhar (Advocate)     10 November 2014

"Wow, Advocate Chandrasekhar, u too? You wrote, "Your FIL cannot file Section 498-A case. Your wife only can make such complaint."
 
My sincere thanks to 'compelledtolearnlaw' for correcting me.  My sincere apologies to Sh. Abhijit Kumar for gaffe/faux pas/peccadillo.  I reproduce Section 198-A, which is unambiguous.
198A. 1 Prosecution of offences under section 498A of the Indian Penal Code. No Court shall take cognizance of an Offence Punishable section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or Upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father' s or mother' s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
1 Like

CompelledToLearnLaw (Financial Examiner)     10 November 2014

Dear respected Adv. Chandrasekhar, u have gained a lot of respect in my heart today. Not because I'm a proud person who likes being right, but, because ur behaviour today reminds me of my own behaviour. I too have no shame in admitting my mistakes. I admit my mistakes a few times every day.

 

Brother Abhijit, I've deleted my comment that was here earlier in this post. I was trying to explain why a relative has the right to file 498a. But Advocate Chandrasekhar's explanation, highlighted above in his post, makes more sense to me. That's the correct explanation. Disregard all of my deleted writing. After rereading the entire IPC 498a more carefully, my explanation did not make sense even to me. So I deleted it.

Fight for justice (Consultant)     10 November 2014

Thanks Chandrasekhar sir...

above posted revised comments is a bit difficult to understand as my case is a bit different and above posed clause is applicable to those who are really culprit...my advocate has suggested me that post ex-perty i need to wait for 1 year to get divorce from my wife...

 

could some one please send me any judgement link or reference using which i can get more details about my case....

Fight for justice (Consultant)     10 November 2014

What is the idle way to deal this kind of situation mostly when one got  ex-pertie from court ...


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