Legal Question in Family Law in India

Re: IPC 498 and Divorce

Your facts are not complete. Please write back the details of your divorce decree - obtained ex parte from which place ?

Your ex-wife is sharing which house ? - in India or USA ?

There is no point in your or your Mom filing a defamation suit. You should be satisfied if the matter comes to an end for ever.

I will be able to render a better opinion if you inform me about the details of ex parte divorce decree obtained by you.

Re: IPC 498 and Divorce

I am afraid you will have to elaborate further on facts. It is not clear whether you obtained divorce decree ex-parte in India or in US? I need to see the order vide which she was permitted by Court to withdraw her Section 498A complaint. your wife is sharing your house under some court order? The house is owned by whom? Who else is living in that houise, apart from your ex-wife. Has she agreed to the divorce or she is resisting divorce? Whether any case is still pending between the parties? What kind of litigation you are apprehending from your wife's side.

If she has unconditionally withdrawan her complaint, on the basis of which you and your mother were arrested, you can file a defamation suit agaisnt her. But, after coming out of the trauma, are you really interested in getting into litigation again?

Sunil Goel,

advocate

Re: IPC 498 and Divorce

Facts insufficient