Reg Divorce & dowry case

Querist : Anonymous (Querist) 24 December 2010 This query is : Resolved
We have been married for 8 years. We had a lot of problem and not staying together.
She has filed a 506a case against me and my mother.
So i am planning to apply for divorce. if i apply for divorce, can she file a dowry case ? let me know whether what should i do?

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Devajyoti Barman (Expert) 24 December 2010
Whether you file a suit for divorce or not, she can file a case for dowry anyway. The divorce case has nothing to do with dowry case or case u/s 498A ipc.

Advocate Bhartesh goyal (Expert) 24 December 2010
File a petition for divorce.

Arun Kumar Bhagat (Expert) 24 December 2010
Any action on your part shall amber the fire. 498A, Domestic Violence Act may knock your door any moment. Try for mutual divorce.

Dineshwar Singh Kaushik (Expert) 24 December 2010
Divorce case has nothing to do with criminal cases, your wife can anytime file criminal case against you & your mother, if you want to get divorce please file petition for it in Family court.

SAANJAAY GUPTAA (Expert) 24 December 2010
Agree with Mr.Kaushik

yogesh (Expert) 24 December 2010
Not in family court, You may file it before the ADJ(Civil)
Think logically, if your wife has not respect the relationship of her motherinlaw file the case under section 506 which is criminal intimidation and non bailable
Then I think its sufficient ground of causing cruelty on your family
File the case under section 13 of HMA and seek divorce which may be difficult to get your wife can file at any time under section 498a to harass you and for exorbidant demands which you may seek anticipatory bail if FIR is registered in your name

Thereafter you may also file criminal case againt her for misuing the same which includes 216(Giving false
evidence), 120,500 etc

But avoid taking such decisions

LAW IS FOR PROTECTION AND NOT FOR ABUSE

Whether you file the case for divorce or not you

s.subramanian (Expert) 25 December 2010
I agree with Mr.Yogesh.

Pritam Saini, Advocate (Expert) 26 December 2010
well advise mr. yogesh

Pritam Saini, Advocate (Expert) 26 December 2010
now family court has jurisdiction in such like matter

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