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DEEPAK MISHRA (assistant Professor)     24 October 2013

Can allegations in divorce case leads to another case?

In contested divorce case if wife(1st party) makes allegations to husband,

can court direct for new case under such allegations?



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 3 Replies

M.Sheik Mohammed Ali (advocate)     24 October 2013

Yes you file new case against him, like Dv case

(Guest)

Court wont do anything, but if either of you have ample free time, then u both can go on filing cases to no end.

Samir N (General Queries) (Business)     24 October 2013

Not so sure in India, but in western jurisdictions if a criminality is brought before a Judge, by accident or in the normal course of  a civil proceeding, it is the absolute duty of the Judge to refer the matter to the prosecuting agency or authority. That authority then has discretion to proceed with a criminal case or not. I believe the same may be true in our courts too. I am not an advocate. 


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