Legal Question in Family Law in India

Re: Divorce

you have certainly been wrongly advised by the lawyer. divorce case be prosecuted while 498a proceedings are going on. i suggest you to rethink over continuing with that lawyer. rather divorce case is your defence and it would help you obtaining bail from the appropriate court. you may contact me as am already fighting cases in ambala as well.

regards

Re: Divorce

There is no law which bars the continuation or filling of a divorce petition during the pendency of proceedings u/s. 498-A IPC. The divorce and proceedings u/s. 498-A IPC are parrelal and can continue side by side. It is not true that one can not fight a divorce case during the pendency of proceedings u/s. 498-A IPC. After at least twice the summons of divorce case sent by regd. post have been recieved back unserved you can serve her by publication in some newspaper U/o. 5 Rule 20 CPC.

Re: Divorce

I donot know that on what basis your lawyer is giving such advise.The advise of your lawyer is not correct.As such there is no law or any prohibition that divorce case can not continue after filing of complaint u/s.498-A IPC.So go ahead with your case which may also help you in your divorce case.Since complaint has been filed at Ambala,hence, Under the given circumstance you may apply for Anticipatory transist bail and thereafter you have to get regular bail from Ambala court. For any other query/assistance you may call on my mobile.

Re: Divorce

you can fight your divorce case without any problem. in that even you can add cruelty clause due to filing of that 496 A case against you.

you can also say that the service was intentionally avoided to file that case of 498 A .

however anticipatory bail is important as the arrest warrents may be issued against you there. take transit bail here.

For further and detailed advice please contact personally with documents (if applicable). Consultation charges will apply

Re: Divorce

well, the advice is not entirely correct; it is true that u should obtain anticipatory bail; but at the same time, it facilitate service of summons on your wife; she cannot evade summons now; the divorce need to be sent again either with correct address or with additional address as given in the complaint; if the address is same, you may take dasti notice and serve the party with the help of local court.

you will need to persuade your lawyer to conduct the case more carefully; besides, you may also need a counsel in Ambala for defending you in case u/s 498-A.

Re: Divorce

Nothing stops you from carrying on with your Div Petition. Service may be completed through alternate means as permitted in law. Anticipatory Bail at Haryana or Transit Bail at Delhi/New Delhi must be obtained at the earliest to save arrest.

Re: Divorce

your wife might had wilfully avoided the notice and to counter the divorce petition a complaint might have been given. you can go ahead with the divorce petition. in the mean time get an Anticipatory Bail at Haryana or Transit Bail - you have a fair chance get a bail and divorce!

Re: Divorce

Proceed with your divorce case and go through the report of prcess-server as well as postman remark of the returned registered envelope and thereafter if you feel that your wife is avoiding the service of notice of the case and not possible to serve her in ordinary manner than serve her by way publication

The proceeding of divorce case and case u/s498A are two separate proceeding and there is bar under any law which stop you from fighting the divorce case and obtain divorce.

Your lawyer is correct to some extent in telling you to take anticipatory bail. For further query you may contact me.