Wife not responding to filing of divorce case

972 votes

It appears that you have not been advised appropriately.you have to act rather to say dont know what to do.
You have a legal right to take divorce under Sec 13 Hindu Marriage Act
The law mention of such cases within Six month.
All Advocates are not versed in such type of cases.Pl consult an expert on this line of practice
SPSrivastava
Advocate

Advocate Subhash Prakash LawRato

692 votes

You can get their defence in the divorce case struck down and proceeded ex-parte if they fail to reply to your divorce petition.
If they are not responding to divorce case proceedings, you can get the mediation and conciliatory proceedings in the DV complaint case by seeking the same in the Magistrate Court where the case is pending.
If the FIR is registered under section 498A IPC and no further proceedings taking place, file quashing petition in the High Court u/s 482 Cr.P.C and when they appear to defend it, you can request for Mediation and Conciliatory proceedings there too.

LawRato LawRato

882 votes

as it is two years they are not responding and not coming to the curt you can approach to the court or talk to their advocate about this. the court can also send summon or notice to them to attend the proceeding. may be i can help out if this case is in gurugaon courrt

Advocate Pranshu Khatri LawRato

574 votes

Sir in case if they are not responding even after sending repeated summons from court , then you will get an exparte divorce decree in your favour. An exparte divorce decree is final unless set aside . Kindly elaborate the status of other two cases filed against you .

Advocate Manju Jaglan LawRato

541 votes

What to do if a False Domestic Violence and Dowry case is registered against you
If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong. Both are detailed below.

Defensive
You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-

Collect as many pieces of evidence as possible
Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
Safeguard your Family
There are hundred of cases where the whole family is put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against anyone in the family. Even the mother and the father of the husband are not immune. In such a situation the husband can do the following to safeguard his parents and other family members –

Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.
How the case turns out would totally depend on which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases.

For example, in Delhi, Punjab, Haryana and Rajasthan the complaint would first be referred to CAW Cell (Crime Against Women Cell)/ Mahila Thana). Where attempts would be made for Settlement between husband and wife. And if no settlement is reached, the case would be converted into FIR. At this stage or even before, you can seek Anticipatory Bail or Notice Bail for all your family members to protect them from arrest.
In Uttar Pradesh/ Uttranchal, the FIR would be promptly registered but you would get 30 days to settle the case in mediation centre. By which time most people obtain stay on the arrest from High Court.

Advocate Rinku Chaudhary LawRato