Naveed (abc) 19 September 2012

File divorce while 498a case

Hi Sir/Mam,
My brother's wife has filed an false '498-A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act' case against my brother. They want to just build the preasure on us so that brother will do what ever they say. There family is not at all good, they have criminal backgroud and business man, We are service class people. My brother dont want to make any relation with them, but they are not ready to keep there daugther (bhabhi) in there house. They are forcing brother to take bbhabhi with him. My brother want divorce immediatley. We got stay order preventive any arrested for 3 month from the high court. Can we file DIVORCE right now because we are afraid that may be due to influence of mediation commitee they can force us to take her back. Please help that can we file a divorce right now, does it have any effect on the current 498a. Or any other suggestions?

Reply Follow

4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 19 September 2012

Your brother can file a divorce petition, but it requires good grounds

rajiv_lodha (zz) 20 September 2012

See, u can file divorce if u want so, but

1) U have not made clear whether 1 ys has happened to marriage or not.

2) What grounds u have for seeking divorce?

3) Does the marriage come under HMA?

Also enlighten urself that FILING DIVORCE DOES NOT MEAN THAT SHE CAN NOT COME TO LIVE WITH U. No law bars her to live with her husband coz divorce is not granted as yet!

And divorce petition does not empower u to block her entry into ur house. So decide whether u want to file divorce for the mere reason that u wil say to mediators about ongoing divorce case as a hinderence to her way back.

Also they may add up ur cruelty in 498a..................may say that WHEN SHE APPRAOCHED POLICE AGAINST CONSTANT DOWRY RELATED TORTURE GIVEN BY THE HUSBAND+INLAWS, THEY TRIED TO TEACH HER A LESSON & SO AS PRESENT DIVORCE PETITION IS FILED IN RETALIATION ONLY.

1 Like

Naveed (abc) 20 September 2012

Thanks Sir, 4 years has been passed while married, And we are having enough grounds to proof it, as well as to dis-proof there 498 case. I am not able to understand, if under any condition the outside court doesnt get settled, what will do, we cant fight the case in UP, we are all staying in Pune and bangalore. So its not possible. Any possible way to get this settled outside court. Please.