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(Guest)

If husband filed divorce case after 498a complaint/case ?

My wife has filed a false 498A and DV case against me and my  relatives. Now come or bring to a resolution in the my mind that as file divorce petition in family court and after getting  fast divorce go for  quashing the false 498a case in a high court. Becuse If you are a hindu, and you are a MALE seeking divorce before 498a judgments you  can easily quash F.I.R. in high court on the ground of divorce,  by which a result means you both are not husband and wife there is no any domestic relation between them and the marriage is null and void.

So my few question are :

1) Divorce are the counter case ?,  can i file against my wife after  the false 498a case ? What is the wrong if husband filed divorce case after 498a?  should I file for divorce?, 

2) If the judge bestows divorce, then she will be off the hook and she will never withdraw the 498a and DV case against me, and lead a happy life while pushing me to the hell ....???

3) How can i see the divorce before the 498a and DV case. 

4) which will be total fair and justice on my part.

5) After Divorce 498a and DV should lacking the power to perform ?? 

pleas give me a any substantial answer

Thanks



 3 Replies

Gautam Kapoor (IT professional Studying Law)     16 March 2014

@Karan - there is nothing called fast divorce (atleast in India). Since the 498a?DV case is still going on- fight the case.Dont apply for divorce now,not at all advisable, will add more fuel to the ongoing fire.Your first priority is to tackle 498/DV case. Get a good legal counsel and fight  the case on merits.Let her make all the false allegations in 498/DV, prove them to be wrong and then you have a solid case for divorce under cruelty grounds.

1 Like

Gautam Kapoor (IT professional Studying Law)     16 March 2014

1) 498 -> Get AC bail for all the alleged (if you have not done it already)

2) DV-> Remove the names of all the people who have not stayed with you.

3)  Stay calm, DV case will be first decided. 498a takes time.

1 Like

Gautam Kapoor (IT professional Studying Law)     16 March 2014

1) 498 -> Get AC bail for all the alleged (if you have not done it already)

2) DV-> Remove the names of all the people who have not stayed with you.

3)  Stay calm, DV case will be first decided. 498a takes time.

1 Like

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