• Wife filed 498a & DV Act cases and got contested divorce

Hello All,
My wife filed 498A,DVact against me and my family , I'm abroad in Saudi and I never appeared in court but my family is attending on regular basis, last year she filed for Divorce after one year the court offered her contested divorce by doing X-party against me, since I was not in India to fight against her case.
 Even she got Divorce , the 498A & DVAct cases are still in going on in court and my family is regularly attending  the court dates every month, my question is
a)	 Is there any way that my family can force the court to close these two cases (498a & DVact) since my wife is already got divorce and there is no any relations between me and my wife since she already got divorce 
b)	Since she got contested Divorce (on grounds that husband left wife deserted and she claimed false dowry case), so Can I challenge in upper court against this contested divorce even she got divorce decree? So that she will close the 498a & DVAct cases against me and my family? Otherwise she is free bird and me and my family got stuck in court cases.
c)	My wife had filed alimony case against me but the court dismissed her appeal since I was not in India , is there any chances she can appeal in higher court once I go to India back even she got divorce .
 
d)	 Also my wife is not attending the court cases on time to time even my family members are present in court every month, can I take up this issue and ask court to take any action against her.

e)	Is there any way to close these two cases 498 & DV ACT CSES in lower court ,what are the chances to Quash the 498A & DV Act cases in high court ? and what is the grounds to do so ?.

f)	Is it ok for my wife (petitioner for 498a & DV act ) to not attend court cases after filling the cases and mandatory for me and my family to attend the court cases ? Can I ask my lawyer to take any action against her if she is not attending the court cases , please help me
Asked 6 months ago in Family Law from United States
Religion: Hindu
Dear Querist
My opinion on your queries are as under: 

a) Is there any way that my family can force the court to close these two cases (498a & DVact) since my wife is already got divorce and there is no any relations between me and my wife since she already got divorce.
Opinion: no there is no legal way to closed those cases, you have to fight the cases on merit.

b)	Since she got contested Divorce (on grounds that husband left wife deserted and she claimed false dowry case), so Can I challenge in upper court against this contested divorce even she got divorce decree? So that she will close the 498a & DVAct cases against me and my family? Otherwise she is free bird and me and my family got stuck in court cases.
Opinion: yes, you can file an application for set aside the exparty divorce order within 90 days from the date of knowledge.

c)	My wife had filed alimony case against me but the court dismissed her appeal since I was not in India , is there any chances she can appeal in higher court once I go to India back even she got divorce .
Opinion: It may be possible. but there is a specific time for filing appeal before appellate court.

 
d)	 Also my wife is not attending the court cases on time to time even my family members are present in court every month, can I take up this issue and ask court to take any action against her.
Opinion: your parents may file an application for dismissal of complaint due to non appearance of the complainant and the court has power to dismissed the case due to non appearance.

e)	Is there any way to close these two cases 498 & DV ACT CSES in lower court ,what are the chances to Quash the 498A & DV Act cases in high court ? and what is the grounds to do so ?.
Opinion: ground can be discuss if we know the details of case. Non appearance of complainant is sufficient to dismissed the cases. Or court may issue warrant against her for appearance.

f)	Is it ok for my wife (petitioner for 498a & DV act ) to not attend court cases after filling the cases and mandatory for me and my family to attend the court cases ? Can I ask my lawyer to take any action against her if she is not attending the court cases , 
Opinion: as above.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) the cases filed by your wife cannot be closed merely because she has got divorce 

2) you are at liberty to file an appeal against divorce decree passed in family court before HC within period of 90 days of the order 

3) wife can file appeal against her order claiming alimony 

4) if your wife is not attending court dates you can draw attention of court to said effect 

5) you can make application for discharge in the DV case and 498A case

6) you can move HC for quashing if allegations made in FIR do not disclose commission of any offence 



Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1) it is better you come down to india and file an appeal against the divorce decree passed by trial court 

2) you can execute POA in your parents favour for filing an appeal against divorce decree 

3) apply for certified copy of order . after receipt of certified copy file an appeal within period of 90 days 

4) you should not suppress your income from the court . you have not mentioned whether your wife is working or not . if working she not entitled to any maintenance 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. You cannot ''force'' the courts except in dictatorships. You may either contest the case on merits or move the HC for quashing of the case.

2. You are free to file an appeal to challenge the decree of divorce. However, the mere filing of an appeal will not result in the closure of 498A trial.

3. The order of the lower court to dismiss her case for maintenance can be challenged by her.

4. Your wife is not an accused, so she does not have to personally appear in the court. The presence of her lawyer shall suffice.

5. If you have been exempted from personal appearance by the court then the presence of your lawyer shall be sufficient.

Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0

1. You alone can challenge the divorce decree, your parents cannot. If you challenge it after 90 days you will have to justify the delay was occasioned due to sufficient cause which prevented you from challenging it within the time period. 

2. You are not required to be in India to file the appeal against divorce. Your lawyer can send you the draft of papers which you can send back to him after your signature.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
Dear Vijay

a) about my wife's contested divorce- Since I'm not in India , right now I'm abroad so could you plz suggest me way to challenge my contested divorce.
Opinion: execute a POA to any member of your family and power of attorney holder may fight the case on behalf of you.


b)Can my parents on whom 498a &DV filed in India can challenge this Contested divorce ?.
Opinion: yes through POA.

c) Suppose in case I'm not able to challenge my wife's contested divorce in 90 days can I challenge it later on since I was not in India ?
Opinion: 90 days time is for ex party divorce, submit your reply with the permission of court after 90 days also.

d) I'm trying to hide my employment details from court cos I'm in fear that my wife will ask for big share of my salary, does any way court has a way to find out about my employment abroad. 
Opinion: it is her duty to prove your income until and unless court direct you to produce your income related documents.
Because as per section 106, the court may direct you to disclose your income.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
a.  The 498A case is a criminal case which  has been filed against the accused for dowry harassment. The case is not dependent on the present matrimonial status of the accuser and accused,

b. The Divorce case has been filed against you which can be challenged by you  by filing an appeal before the Higher Court within 90 days from the date of receipt of the decree. She may not close the DV and 498A case for your filing an appeal challenging the decree of divorce,

c. Yes, she can challenge the said order dismissing her claim for alimony before the Higher Court,

d. She need not attend the 498A case since it is a police case against you. The P.P. shall have to be present at the Court,

e.You can file an application before the High Court  for Quashing the said 498A case after finding serious loopholes in the charge sheet  filed against you by the police in the 498A case and after collecting irrefutable evidence against the said DV case,

f. The 498A case is a police case wherein she has lodged the complaint which the police has registered as FIR. She need not attend the hearing at all.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
a. You shall have to come to India to file the appeal before the Higher Court challenging the divorce deree passed by the lower court,

b. The Divorce case has been filed against you which can be challenged by you  only by filing an appeal before the Higher Court, 

c.. No. You shall have to file an appeal within the said limitation period after coming to know about the order of the lower court,

d. Court can ask your foreign employer about your salary, your Bank where you deposit your salary and/or Income Tax department about copy of your I.T return.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
a)	 Is there any way that my family can force the court to close these two cases (498a & DVact) since my wife is already got divorce and there is no any relations between me and my wife since she already got divorce ?

No.  the criminal cases cannot be dismissed though the marriage is dissolved by decree of divorce for this reason.




b)	Since she got contested Divorce (on grounds that husband left wife deserted and she claimed false dowry case), so Can I challenge in upper court against this contested divorce even she got divorce decree? So that she will close the 498a & DVAct cases against me and my family? Otherwise she is free bird and me and my family got stuck in court cases.

Your anguish is understood but you have no answer to your such feelings in law.  If you want to file an appeal against the exparte divorce you can very well do it or even file a petition to restore the exparte decision.  
This civil case has got nothing to do with the pending criminal cases.




c)	My wife had filed alimony case against me but the court dismissed her appeal since I was not in India , is there any chances she can appeal in higher court once I go to India back even she got divorce .

She has rights to file an appeal against the aggrieved judgment







d)	 Also my wife is not attending the court cases on time to time even my family members are present in court every month, can I take up this issue and ask court to take any action against her.

NO




e)	Is there any way to close these two cases 498 & DV ACT CSES in lower court ,what are the chances to Quash the 498A & DV Act cases in high court ? and what is the grounds to do so ?.

If the cases are running the in the trial court then you cannot apply for quash in the high court, you may have to confront them in the trial proceedings only.




f)	Is it ok for my wife (petitioner for 498a & DV act ) to not attend court cases after filling the cases and mandatory for me and my family to attend the court cases ? Can I ask my lawyer to take any action against her if she is not attending the court cases 

In the police cases she need not attend the court on each and every hearing, if she attends only for deposing evidence that will be sufficient, your lawyer will not be able to help you put your wife before court every time because there is no law on that.

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
a) about my wife's contested divorce- Since I'm not in India , right now I'm abroad so could you plz suggest me way to challenge my contested divorce.

Since this is an exparte judgment, you can file a petition to restore the case and it there is a delay you can file a petition to condone the delay in filing the restore petition. 






b)Can my parents on whom 498a &DV filed in India can challenge this Contested divorce ?.

No, they cannot because it is not a case against them, only you can challenge it.






c) Suppose in case I'm not able to challenge my wife's contested divorce in 90 days can I challenge it later on since I was not in India ?

Read the answer to question a above.






d) I'm trying to hide my employment details from court cos I'm in fear that my wife will ask for big share of my salary, does any way court has a way to find out about my employment abroad. 

No.  The court can ask you to produce the details, but cannot forcibly extract the same from you.  In such an event you keep dragging the issue. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. She ought to have waited for at least 90 days before remarrying irrespective of whether she married according to rituals or had a court marriage. If you challenge the divorce decree and it is set aside as illegal her second marriage will become illegal.

2. The court does not send copies of decree to the house after it has passed the decree. If you want a certified copy then you are free to apply for one.

3. 90 day period is to be counted from the date of judgment.

4. While filing for financial support no wife admits her financial riches. You can contest her claim if you can prove that she is self sufficient.

5. Her parents getting 2 crore in compensation does not defeat or weaken her claim.

Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
a) After getting contested divorce , she got married in court on the next day, so even if I challenge the contested divorce,  what will happen to her court-marriage, does that marriage will become illegal (due to bigamy since earlier marriage will again become legal ), does the judge will deny my application cos she got married in court ? I heard the court marriages will not be annulled at all, I'm confused please help me 

After having got an exparte divorce decree she cannot marry on the next day of the judgment immediately.  Even in the contested divorce she has to wait for completion of the appeal period of one month, hence this evidence can be sufficient to get her second marriage as null and void.  Though, it cannot be termed as bigamy. As suggested , you may have to file a restore petition along with an application to condone the delay in filing the restore petition, you file them, leave it to the court to decide after hearing both the sides, dont be worried about any results at this stage.






b) The court never sent any of divorce documents to my parent's or their address , myself contacted some babu's from the court and they secretly gave me copy of this ex-party divorce decision, so can I ask my parents to apply for certified copy of divorce papers on their address ?,  from which date I should count 90 days ..?  the date of courts decision or the the date when we will receive certified copy of divorce papers ? 

Firstly neither your parents your yourself can apply for certified copies of the decree or judgment directly without filing a petition.  Your parents are third parties to this case hence they may have to file a third party affidavit along with an application for copies., they can engage an advocate for accomplishing this task properly.  Since you have not taken care of the case from beginning, the limitation in your case will begin from the next date of judgment, the computation shall be minus time take for obtaining this certified copies and also those 90 days.





b) My wife work as a temporary teacher but not full time in a college , she is more educated then me (she did M.PHIL and I'm just a M.Sc. ), her mother and father recently win a land acquisition case where they got 2 Crore rupees , so does my wife can still demand for alimony.

Since you have mentioned that your wife has remarried after getting this exparte divorce agaisnt you, she may not be eligible for claiming alimony, need not be worried about it.







c) Since her mother and father won 2 crore in land acquisition case so can I appeal for my share in that property (I'm sorry I'm not greedy , but my wife is greedy even she has crores of rupees she need more money from me ) .
You are not entitled to even a single paise from  it, in fact even your wife cannot legally claim a share out of her father's self acquire property during his lifetime.  Dont get such ideas to spoil your peaceful brain.  She cannot claim alimony from you because she has remarried  neither a share in your own property, so just dont be worried about an event that cannot take place.






d)How can I take advantage of her parents got 2 crore in land to save myself from paying her alimony.

In no way.  Read the above answers carefully.








e) Can I file counter cases on my wife and her family (her 2 brothers, father and mother are working in a school as a teacher .)

Find out the reasons to file one, if you dont find any solid reason, better do not try any adventures on the subject.





f) Please..please ... give me a good suggestion so that I can escape myself and my family from these court cases .my wife and her parents are demanding 20 Laks to settle this matter out of court , I'm the only one educated & supporting person in my family .

Dont give her any money, challenge her in the court properly
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1) wife could not have remarried immediately after divorce decree was passed . only after period of 3 months from divorce decree being passed could she have remarried .

2)second marriage of wife is illegal if court serts aside divorce decree and allows your appeal 

3) period of 90 days would be counted from date of receipt of certifed copy of court orders

4)wife is highly qualified and if you have evidence of her working she would not get any alimony 

5) you have no share in your in laws property 

6) file appeal; dont pay Rs 20 lakhs . wife will settle once  you file appeal and stay is granted of divorce decree passed by trial court 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
a. She can not marry the next day after receiving her decree of divorce. She should have waited for the appeal period of 90 days to get remarried, The Judge is expected to cancel the marriage after you file an appeal challenging the decree of divorce and her further marriage. You heard it wrong that Court Marriages will not be annulled at all,

b. Your wife must have shown some document to establish that adequate information/notice.summons was sent to you and/or published in Newspapers but you have failed or neglected  to appear before the Court. Ask your father or your POA holder to apply for the certified copy of the decree of divorce to file the appeal,

b. Since your wife has remarried, she can not demand any maintenance from you. Her parents getting Rs.2 crores has no bearing in her claiming alimony/maintenance from her es- husband,

c. She has not got the said Rs.2 crores. So, she can not be restrained from claiming maintenance from you. However, you have no reason to claim your share from the amount her parents got,

d. You have no opportunity to to refer to the fact of her parent's getting Rs. Crores in any of your cases. They are separate family altogether,

e. You can file any case against any body you wish to but you shall have to show ground for filing such cases and also must be equipped with adequate aceptable evidence in support of your allegation otherwise, the opposite side may file a counter case against you for lodging/filing  false complaint/case against them which may go against you,

f. Do not succumb to their pressure and contest their claim/case fittingly. This is a battle of nerves for you at this stage.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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