Legal Question in Family Law in India

Dear Sir,

A person has filed a mutually consented divorce(India) on 12 Apr 2011 and then on 30 April 2011 he quitely filed a complaint against another man liberally accusing his wife of having an affair with this man and that this man responsible for the divorce.

Is it not in violation of law and contempt of court where he earlier filed the no fault mutually consented divorce.

The wife herself totally surprised and angry at this man for filing complaint against other person and defaming her.

Now already divorce is through, but the other poor person is still stuck because of complaint.

what to do for this other man


Asked on 9/01/12, 9:27 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

before the divorce by mutual consent the husband and wife has to withdraw all complaints. The court can be informed in this case and the husband can be asked to withdraw the complaint.

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Answered on 9/02/12, 5:27 am
BHARAT NARASGOUDA BHARAT NARASGOUDA

Madam, get the divorce and also get the bail for the other man and let him contest it is very hard to prove this facts before the court and he can be acquitted against the said charges, or you can ask the husband to withdraw the complaint and then only you will think of giving divorce.

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Answered on 9/02/12, 8:04 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

once the divorce is granted by mutual consent, you may go for quashing of the complaint filed by her afterwards.

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Answered on 9/03/12, 2:40 am
KAMAL GROVER

Mr.Rajiv is right. First let the court grant divorce then go for quashing.

Regards

[email protected]

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Answered on 9/03/12, 9:05 am


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