Divorce

Querist : Anonymous (Querist) 04 January 2010 This query is : Resolved
my wife has filed false complaint against me u/s 498A of the IPC,the said case is pending, now can i file a divorce case against my wife.

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Sukhija (Expert) 04 January 2010
yes why not ? if u wish to divorce ur wife.

adv. rajeev ( rajoo ) (Expert) 05 January 2010
yes you can file a divorce petition.

Querist : Anonymous (Querist) 05 January 2010
498A is pending in magistrate court, how can i file divorce petition? whether divorce petition is O.S or any kind of C.MIS and these proceedings will not to be affect the 498A case, which is the safe way?

Arvind Singh Chauhan (Expert) 05 January 2010
Case of 498 A is no bar for a suit for divorce. But you would have to lead both case cautiously lest facts of one suit should not affect the another case.

SATYANARAYANA K (Expert) 05 January 2010
I agree with Sukhija & Rajeev, you can file Divorce case, 498(A) case comes under Criminal proceedings, Divorce case comes under civil proceedings, both cases are different. it depends upon circumstances of the case.

Raj Kumar Makkad (Expert) 05 January 2010
You can file divorce petition before family court but see it is not necessary that you are provided with the decree of divorce so facts of the case are to be gone through in depth first before moving in this regard.

Kundan Kr. Singh (Expert) 05 January 2010
yes you can file divorce petition .

Suhail suhail (Expert) 05 January 2010
I AGREE WITH Mr.RAJ IT IS NOT JUST TO FILE BUT TO SEE WEATHER YOU COULD SUCCEED OR IT MAY NOT TURN INJURIOUS TO YOUR RIGHTS.BETTER CONSULT YOUR LAWYER AND DISCUSS IN DETAIL>

Querist : Anonymous (Querist) 05 January 2010
I agree with sukhija and others,as my understanding is both is parallel proccedings, please clarify mr Bilal austhi how it is injurious to my rights.

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