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498_final stage (Professional)     17 December 2013

498a - can file counter case after mutual divorce?

Hi I am fighting 498a and trial is going on right now. My lawyers are trying to convince me to file a divorce as I will have to contest divorce as well.

I want to file counter cases on them. If the girl file divorce and I accept it. Would that mean I can not file counter cases on them?



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 9 Replies

rajendra (na)     17 December 2013

What counter cases u want to file?

Under what grounds u want to file divorce also divorce section ?

Check this above two first before filing divorce...Once u have cleared the 498A u can file divorce under mental cruelty ground.....

else its difficult to get the divorce....

If your wife wants divorce and you accept it then u will get divorce easily.........

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 December 2013

Dear Querist

once you are ready to accept the divorce if she filed then why do you want file the counter case against her?

it will be better forget the counter case or accept the divorce. both things can not be go togather.

498_final stage (Professional)     17 December 2013

Counter cases would be on  the following grounds:-

1) 120 B, Defamation. The girl used to threat me of these cases and she already had this in mind after hardly few days of the marriage. Her behavior was so shocking that I even started recording her statements. She used to find out reason to have fight and I lose my temper and beat her so that she  can trap me in cases. (I have those evidences)

2) Even after filing false complaint in Gurgaon I started getting threat calls from some unknown man. They even attacked my house. My neighbors defended us. We immidiately complained to Ghaziabad SSP.

3) Even after this, that gunda was seen around my house and my dad was really worried about me. Ultimately with all these harassment I lost my father. He died of a heart attack.

4) She is uneccessarily pulling in my sister. Her mother wrote a letter to my sister's school and asked her to take action against her as her name is mentioned in the FIR

So Mr Nadim you are saying if I am accepting divorce that means its an amicable solution and  I can not file counter cases???? Is it?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 December 2013

Dear Querist

I am not saying I am telling you about your word, if you accept the divorce that means MCD will be filed by both the parties then how will you file the case because in MCD it will be mentioned that the parties will not file any cases against each other. so you can choose only one option either accept the divorce or file the cases against her.

do as you think fit.

498_final stage (Professional)     17 December 2013

ok. Thanks Mr Nadeem. I want to file Counter cases. Tell me what should be the strategy??

rajendra (na)     17 December 2013

Its not possible to launch 120B against her and its not possible to prove

You can launch another counter cases if they attack your house and threat means......

what action took by police people regarding your complaint?

If no action against them then you wil understand the indian judiciary.....

Defamation case you can't file now once u win 498A you can file still no gurantee.........

 

498_final stage (Professional)     17 December 2013

Ok. So tell me other than defamation what other cases I can file?? So far I know Courts are now have started going against women where evidences are found.

Audio recordings are not small things at all provided how they are used by lawyers.

498_final stage (Professional)     17 December 2013

Ok thanks Rajendra. I understand Indian legal system well. But still want to fight it.

I am awaiting 498a acquital and ofcourse would file cases after that. Can you tell me what cases I can file?

498_final stage (Professional)     21 December 2013

Experts, kindly help.


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