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SURESH   17 March 2017

How to get divorce when maintaince was ordered

We are married on may 2014, got seperated from march 2015. She put 498a case in bangalore on jun 2015. She filed divorce and maintainance case on oct 2015 in my home town. She withdrawn the divorce and maintainance was still running. As there is no judge, case was running and now new judge appointed. Case was moving very fast. My question is, 1.if she got maintenance can i marry another girl? As they are not giving divorce. 2. Can i apply divorce?



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 7 Replies


(Guest)

I suppose you have appointed a advocate.  What is his opinion regarding this?  Can you let us know??

Nitish Banka (lawyer)     17 March 2017

You need to file a divorce on the grounds of desertion since she left you in March 2015 and there is 2 years of seperation necessary. 498a in bangalore is not maintainable you may consider for going for quashing.

Advocate Nitish Banka

nitish@lexspeak.in

9891549997

SURESH   17 March 2017

Thanks Nitish Banka, So can I apply divorce in Bangalore itself right?

Ganesh Nair (Employed)     17 March 2017

Respected Nitish Banka,

why is 498a in Bangalore is not maintainable? Would you kindly elaborate? I have a very false 498a going on in Bangalore. Even the charge sheet does not say anything. It simply says they harassed me for dowry. Fact is nothing was demanded or taken. Cry lawyer is very silent on that issue? Your valuable guidance is welcome. 

Regards,


(Guest)
Originally posted by : Anonymous Iyer
Respected Nitish Banka,

why is 498a in Bangalore is not maintainable? Would you kindly elaborate? I have a very false 498a going on in Bangalore. Even the charge sheet does not say anything. It simply says they harassed me for dowry. Fact is nothing was demanded or taken. Cry lawyer is very silent on that issue? Your valuable guidance is welcome. 

Regards,

So you did not accept any gift from wife and co?  Since how many years has the 498a case been going one? 


(Guest)
Originally posted by : Nitish Banka
You need to file a divorce on the grounds of desertion since she left you in March 2015 and there is 2 years of seperation necessary. 498a in bangalore is not maintainable you may consider for going for quashing.

Advocate Nitish Banka

nitish@lexspeak.in

9891549997

On what grounds is it not maintainable? Can you elaborate?  Are you pointing toward jurisdiction?  Nowhere has querist mentioned about the other place for you to apply jurisdiction.

A walk alone (-)     17 March 2017

1)You can't marry without divorce.If you marry another girl then you will go behind bars in Bigamy for 7 years(if it's proved).2) you can file divorce on cruelty and desertion ground in your city.

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