sai narayana 24 November 2015

Can my wife file both divorce on cruelty grounds & 498a both

On 05.10.15, my wife's advocate sent me a legal notice covering all the Impotency, 498a, dv and 406 section allegations.

On 09.11.15, she filed divorce under 13.1.ia. which i came to know from ecourts.gov.in. I don't know what exactly is in her petition. One more thing, this petition was not placed in her home town but in the location where my marriage took place. Is it valid?

Can she file 498a and other section later either through private complaint or FIR at PS? or can I safely assume she is not going to file those false cases.

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3 Replies

Laxmi Kant Joshi (Advocate ) 24 November 2015

She can file divorce from her Home town, place where the marriage solemnized, place where you both resides together, She can file 498a and other cases via ps as well as private complaint.

Nitish Banka (lawyer) 24 November 2015

Dear Sai,

Be prepared to contest civorce on ground of cruelty at first and then be prepared for 498a, which she can lodge, do not worry these days no immediate arrests are taking place in 498a.so first see the petition and see all the allegations prepare your evidence also.

Thanks & Regards,

Nitish Banka

9891549997

satya (Manager) 25 November 2015

No dobout criminal as well as civil case may be filed by a party. But in case husband file divorce case on the basis of desertion and cruelty and family court established the desertion and cruelty of wife and granted divorce. after divorce decree the magistrate taking cognizance in 498a. Overlooking the finding of family court.

Is it right?