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challa lavanya (Purchase Assistant)     23 February 2014

Divorce

hi..if 498 a case on me & my family how can i apply for divorce & how can i get divorce ?tell me the procedure,,it's very urgent help me..



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 4 Replies

Laxmi Kant Joshi (Advocate )     23 February 2014

give complete facts of your case , even after 498a is pending in the court you can file divorce case u/s 13(1)(i-a) in the family court on the ground of mental cruelty as she had filed false case against you .

K.P.Satish Kumar (Advocate)     23 February 2014

Pending 498A complaint is not a hurdle to file divorce in the court of law. You can file divorce case on the basis of divorce grounds . i think your case will attract cruelty under section 13 -a of Hindu Marriage act.


(Guest)

Respected Sir,

 

Can filling false DV case on husband and his family be treated as mental cruelty for Divorce base?

 

Please guide.

Laxmi Kant Joshi (Advocate )     23 February 2014

Yes every false case either filed against husband and his parents or vice versa is treated as mental cruelty and it may be taken as a ground for divorce , because if anyone of the spouse filed false case the victim loose his/ her respect , belief, and face so many mental agony in between friends and society.
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