323/498a & 494/406 case filed after ex party divorce
5 years 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.
Junaid Ali Khan
Responded 5 years ago
Bisweswari Mohanty
Responded 5 years ago
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..
ROBERT D ROZARIO
Responded 5 years ago