Divorce case can filed

Sundram N (Querist) 04 December 2012 This query is : Resolved

Dear Fiends,

Kindly suggest that, Bail in 498a is in pending before the session court and other side wife filed maitenance case u/s 125.

in such situation, husband can file divorce case.

please suggest.

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ajay sethi (Expert) 04 December 2012
you are at liberty to file for divorce.

Devajyoti Barman (Expert) 04 December 2012
Yes, if circumstances warrants for divorce then any of the spouses can at any point of time file suit for divorce.

Ashimta Lekhi Malhotra (Expert) 04 December 2012
Yes either spouse can file for divorce. The criminal cases would not come in the way of a divorce petition.

Raj Kumar Makkad (Expert) 04 December 2012
Filing of divorce case do not depened upon pendency of bail or filing of 125 Criminal procedure code etc. I suggest not to act in haste. First obtain bail and then think over your strategy in very cool mind with the consultation of your lawyer.

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