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satya (Manager)     09 April 2015

Divorce on cruelty and desertion

I applied for divorce on the basis on cruelty and desetion under section 13 of HMA. The family court have granted divorce proving desertion and cruelty of wife. She have appealed in high court against the judgment of family court. She also filed case under section 498a and 406 and DV act 2005 where she is charging me cruelty and domestic vilence. When the dispute of husband and wife is in high court for curelty and domestic violence in appeal

how any lower court may hear that case.

Is it not clubed?


 1 Replies

saravanan s (legal advisor)     09 April 2015

498a,dv and divorce under 13b are all seperate cases and  498a can be filed even after divorce but the complainant had to convince the court relating to the delay in filing the case and time limit  for filing dv  is within one year from the time the couple had been living seperate. in your case your wife filing a dv and 498a against you is considered to be done in retaliation to the divorce suit.you can produce the copy of the judgement of the lower court during evidence in 498a and dv and that would help you

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