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legaljoe68 (member)     28 August 2010

can 498 & DV applied after filing divource

as per the advice of the esteemed members I have filed aplication under Section 340 CRpc and setion 127(2) . rattled with this the family court directed me that in mp english is not the mode of language used in courts so i should submit pleading in hindi. Perjury filed as my wife has conceled information about her employment . I have proofs under RTI from her employers .

Now, the opposite party lawyer threatend me that he will file 498A .

marriage DEc 2004

she deserted in jube 2005

filed maiontenace in 2006

maintenace order in 2007

I paid maintenace for 12 months

lost my job since then

she approached F/C under section 24 and 13(A) jan 2010

I filed affidavit for this

her lawyer files section 125(3)

I filed section 127 & section 340

please advise



 4 Replies


its prerogative of court to file 340 against her.let her do watever she wants to do . collect data and evidences agains her u will win at the end.


1. Good news.

2. Has evidence completed in S. 125 CrPC ?

3. U know the procedure now how move S. 340 expedient in the interest of justice ?

nitish neilesh sanga (lawyer)     28 August 2010

so far as police case is concerned,there is chance of arresting in 498A, b'cos of its cognizable nature............but so far as complaint case before the magistrate court is concerned u might be enlarged on bail at the time of surrender, anticipatory bail is also available for u, application u/s 482 of crpc for quashing the fir  or cognizance order in complaint case....whatever may be.......but in both the circumstance ur maintenance case and divorce case are absolute defense.   

legaljoe68 (member)     30 August 2010

Thanks learned members , because of you esteeemd advice I could file counter cases on my own. 

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