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Q.323/498a & 494/406 case filed after ex party divorce
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Q. 323/498a & 494/406 case filed after ex party divorce

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Anonymous

posted 2 months ago

Dear sir,
My wife was not living with me since last 4 years, to live together I had filed matrimonial of conjugal right but she didn't responded to court notice so court declared her ex party and ordered to to me immediately but she refused. After one year of this judgement I filed for divorce again court send notice to her for applying but again she didn't appeared so court declared her ex party and ordered for divorce. After 4 months of degree of judgement I remarried. Now after 15 months of divorce my ex wife has filed 323/498a & 494/406 case in court against me and my family. Please advise what steps should I take for suitable relief.
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A. Approach high court for quashing of the FIR lodged against you.

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Dear sir,
Yet fir is not lodged. It is under court proceedings. Witness from my ex wife side has been done and notice from court has been release to my address. Can I approach high court for quashing at this stage. Kindly advise

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Junaid Ali Khan

Experience: 2 Year(s)

Replied 2 months ago

Yes !

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Junaid Ali Khan

Experience: 2 Year(s)

Replied 2 months ago

Quashing of summons/notice

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A. Dear client,
you did not mentioned whether your ex wife challenged your ex-partie decree or not.second thing after 15 months of decree of divorce the allegation under section 323,498A,406 of ipc is admissible or not.Those section of ipc alleged by your ex wife may be charged you in the court of law.you did not share the complain petition of your ex-wife.so its difficult to give you proper advice without verify the complain petition.so i just suggest you can proceed a quashing petition before the high court to challenge the complain petition of your ex-wife and also takes a plea that your ex-wife only to harass you file this case with false allegation , if the allegation made by your wife true then why not she alleged such complain during that time..

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Bisweswari Mohanty

Experience: 20 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

My ex wife didn't mention anything about divorced. She only filled case of dowry, dv and said that she wants to live with me

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A. get regular bail by surrendering in the court and thereafter file a petition for quashing of the FIR and Criminal proceeding before the high court.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Dear sir,
U means to say that I should take anticipatory bail from high court or Simply I can appear on court as per date given by court through notice. Please suggest.

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