Advice requirement

ram sharma (Querist) 06 November 2013 This query is : Resolved
Sir, DV and maintenance in process and in between FIR for 498 a case. at this stage can i file divorce and after FIR can i get divorce from wife if she is not ready. because everybody knows that FIR close all doors of reconciliation. After FIR do court give me divorce if i want but wife is not ready to give divorce. i should file divorce now or after FIR?

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Nadeem Qureshi (Expert) 06 November 2013
Filing FIR by wife against husband or his family comes under crulety, if you want divorce then go and get divorce on crulety ground.

ABDUL RAZIQUE (Expert) 06 November 2013
YES U may present a petition praying for a
decree for judicial separation on CRUELTY grounds specified in sub-section (1) of Section 13.

Raj Kumar Makkad (Expert) 06 November 2013
Filing FIR is not valid ground seeking divorce but if you have all other valid grounds for establishing cruelty on behalf of your wife upon you then definitely you can expect the decree against your wife despite of her resistance.

Dr J C Vashista (Expert) 07 November 2013
Doors of reconciliation are open even after filing of FIR, which is unilateral, contest.
However, persuade her for reconciliation and withdrawal of all cases.
Divorce decision, the ultimate end of matrimonial institution, can be filed at any stage but must have solid ground and should be avoided as far as possible.