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Should i apply divorce case?

Querist : Anonymous (Querist) 04 October 2020 This query is : Resolved 
I got married in the year of 2007. In last 13 years my wife has stayed in my house only for 3 years and rest she is in her father's house. Last she stayed in my house was 2016. We have 2 kids, one is 10 years and other one is 8-year-old and both are staying with her mother. My wife filled maintenance case under section 125 CRPC in the year 2018 and her hearing has finished where she has not produced a single proof where she is being harassed, my hearing is still pending. She has done D.Pharma and currently doing job as primary teacher. I am running my private clinic. Recently before 3 months she also has lodged FIR under section 498A and few other sections against me and my entire family just to harass us on the basis of totally false allegations. Mean time police has taken all her articles and handed over to her. Charge sheet preparation is in progress.
In this situation, please help me in knowing

1. Should I file divorce case now?
2. If yes, will it have any adverse impact to existing 125crpc case?
3. Please let me know if any other suggestion you have for me
Guest (Expert) 04 October 2020
An Legal Divorce is mandatory for an Legal Separation. Right now you should seek the guidance of an Good Advocate to handle the Section 498 Complaints and the Divorce application could be filed simultaneously. Better try to convince your Wife either by your self or with the help of Good Persons respected by her and go for Mutual Consent Divorce to have an Pleasant Future to both of you.
Advocate Bhartesh goyal (Expert) 04 October 2020
(1) Yes,you may file divorce petition on ground of desertion and cruelty.
(2) No any adverse effect or impact if you file divorce petition.
(3) better follow the advise of expert shri N.J.S.Rajkumar.
Rajendra K Goyal (Expert) 04 October 2020
You said:
1. Should I file divorce case now?
Reply:
You may file.
Defend all the cases filed against you.

You said:
2. If yes, will it have any adverse impact to existing 125crpc case?
You said:
No effect. It is separate case.


You said:
3. Please let me know if any other suggestion you have for me
You said:
Engage services of some good lawyer expert in the matrimonial cases.

ajay sethi (Expert) 04 October 2020
File for divorce on grounds of mental cruelty and desertion

2) it would not have any adverse effect on maintenance case filed by wife

3) engage services or lawyer dealing in divorce cases
Isaac Gabriel (Expert) 04 October 2020
you should go on contesting besides filing divorce case until a comprpromise arrive
Sudhir Kumar, Advocate (Expert) 05 October 2020
You can still attempt conciliation atleaset for mutual; divorce.

If it fails then follow the views expressed by experts above.
Dr J C Vashista (Expert) 05 October 2020
It is purely your personal decision where experts may not be able to help you out except to suggest some legal way out to contest the case(s) slapped by your wife.

Even your lawyer (engaged and paid by you) knows better than the experts on this platform, who is well aware about facts and circumstances of the case(s) hence he/she may advise you better than us.
Dr J C Vashista (Expert) 05 October 2020
Counter to all these case(s) you may apply for custody of children and/or your visitation right, which you are entitled.

However, restitution of your conjugal rights would be meaningless in given circumstances.

Querist : Anonymous (Querist) 05 October 2020
Thanks you all for your valuable opinions/suggestions. Really appreciated your help in this crucial moment.
Rajendra K Goyal (Expert) 05 October 2020
Expert Ajay Seth ji,

Welcome. Thanks for your post after a long gap.


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