My brother is married to a girl from Lucknow 6 months back and he is working at Pune. Immediately after marriage ,he noticed that his newly married wife is mentally sick ,giving physical & mental torture to him and become unbearable to continue this relation. For last 4 months, they are separated & his wife is living at Lucknow . Now my brother came to know via some reliable source that she has filed a case registered under Section 498 A,34 & Dowry prohibition Act 3,4 against him but no FIR in Police station. He has not received any court notice regarding this case. Now my questions are as this case is registered 4 months back and the first hearing date is already over 1.Should it be notified as a false case? 2.Whether he should attend the court on the second hearing date? 3.Whether the divorce case to be filed from Pune (boys place) or Lucknow (girl's place)?
1. Where has the case been registered. In lucknow or some other place or the case has been registered in some court, please specify?
2. He will have to appear
3. Divorce can be filed at a place where the couple last resided together or where the wife is residing.
Let me know if some health is required, then let me know I am based in Lucknow.
Regards
Sir, the case cannot be notified as false case, since police register it after due investigation.. However first confirm that , whether FIR have been lodged or only a complaint is given.. It is advisable to join the investigation and if FIR has neend lodged then first seek anticipatory bail and join the trial..
Your brother can file divorce at his district court
1) wife must have filed private complaint in court to direct police to investigate and submit report
2) you have to appear as and when notice is issued to you
3) only in exceptional circumstances can you file for divorce before expiry of one year of marriage
4) divorce case can be filed from Pune or Lucknow
1. If no FIR i registered then it appears to be a complaint case in which he should appear only when he receives the notice from court.
2. Divorce case can be filed from either of these two places.
1. If the FIR is not registered then on what basis do you say that first hearing date is over already? It is a complaint case which is filed directly in the court? You first need to ascertain the status of the case.
2. If the summons are being issued by the court then apply for and obtain anticipatory bail asap.
3. The petition for divorce can be filed where the marriage took place or where both spouses last resided together.
He is not supposed to do anything as long as as he does not received any notice either from the Court or from the Police.
Divorce could be filed from Pune as well besides Lucknow because the husband and wife were lastly residing together at Pune.
1.Should it be notified as a false case?
How did yo come to know about the case and what is the status of the case, if you do not know the details of the case then await notice but do not jump into any hasty conclusion that it may be a false case.
2.Whether he should attend the court on the second hearing date?
In the event of not getting any notice from court, he need not attend the court, let him watch the development silently from outside the court.
3.Whether the divorce case to be filed from Pune (boys place) or Lucknow (girl's place)?
The divorce can be filed in the place of marriage or the place where both lived together last or the place where she is currently residing.
However please note that it should be one year or more after solemnization of marriage preceding the date of petition for divorce.
