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Seek legal guidance with regds to HMA 13(1), 406, 498A, sec 34
14-Jun-2023 (In Divorce Law)
Sir/ Madam, Being a hindu, after my legal divorce through 13 (b) of HMA, I have entered into my 2nd marriage with my present wife (who also claimed to have got her divorce through 13 (b) of HMA). In 4 years of marriage, her 4 failed IVF attempts at (from where she belongs), she has, walked out 4 times from the marriage, finally for the 5th time by creating ruckus on 22nd July 2016 for which, we called the PCR & have RTI of police action. From she has launched 3 cases on me & my father, using matrimonial name which is different from her Govt. ID (for which marriage has not been registered neither applied for name change or any ID cards) is it maintainable in court to launch case on oath giving false name & evidence. Also I have launched my Div case in Jan 2017 & she has done on in April 2017. In case of 406, 498 (A) police have found nothing against us, so, what should we do now to fight? I couldn't find her divorce detail at family court or also.
I will advise you to discuss in person with a lawyer of family law matters with full details. It is better to hand over all the case a single advocate so that All the matters could be handled efficiently. Meet in person.
Helpful?
18+
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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Dear Concerned,
Your is a perfect case falling under periphery of "Retaliation" - you filed a Divorce in 2017 and your wife retaliated by filing eg. 498A , Domestic Violence and Crpc 125. The Hon'ble Supreme court has taken a very tough stand in such retaliatory cases, which the wife files just to harass the husband and then extract money out of him. Being false case as the police has also not got anything against you as of now. YOU should pursue with your Divorce case and should mention / take a tough stand in the rest false cases - Also please note that the reply to the DV and other cases should be made with extreme caution as any thing you mention will be used against or for you.
Best of Luck
Your is a perfect case falling under periphery of "Retaliation" - you filed a Divorce in 2017 and your wife retaliated by filing eg. 498A , Domestic Violence and Crpc 125. The Hon'ble Supreme court has taken a very tough stand in such retaliatory cases, which the wife files just to harass the husband and then extract money out of him. Being false case as the police has also not got anything against you as of now. YOU should pursue with your Divorce case and should mention / take a tough stand in the rest false cases - Also please note that the reply to the DV and other cases should be made with extreme caution as any thing you mention will be used against or for you.
Best of Luck
Helpful?
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Adv. Atulay Nehra
Noida | 200+ Answers
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: If she didn't GT divorce yet according to 13(b) h.m.a the 2nd marriage is void case file in family court.
And 406,498(a),34 I.P.C criminal prosiding.
It depends on the court that court may take action against him under sec 340 crpc for false evidence.
And 406,498(a),34 I.P.C criminal prosiding.
It depends on the court that court may take action against him under sec 340 crpc for false evidence.
Helpful?
19+
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Adv. Deepak Kumar Yadav
Jhansi | 25+ Answers
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