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vishak (manager)     05 June 2013

Should i file devorce ?

Dear experts

In my 498a case and 406 case, IO has give clean chit in final report to the court and Protest petition is filed against this FR. Since last one year, cognigence is not taken, only date after dates.


Please suggest me weather i should file devorce based on false cases filed or should i wait.

Wht would happen if cognigence is taken on her Revised bayan before magistrate ?

Thanks please reply.


 4 Replies

Rajeev Kumar (Lawyer/Advocate)     05 June 2013

No you can't file divorce case on the basis of false case the police have given you clean chit not the court and if cognisance is taken then you have to fight the case on merit and have to prove yourself innocent.

ajay sethi (lawyer)     05 June 2013

it is advisable to consult a local lawyer .you have mentioned that you want to file for divorce because she has filed false case against you under 498A.  wait till final orders are passed by trial court on 498A case .

1 Like

Prashant Ghai (Advocate) (     05 June 2013

Once you are aquitted in your 498A case, then you can file for divorce on the basis of your 'false and frivolous' 498A case.

vishak (manager)     06 June 2013

Who can file in sec 182 and is there any time limit. in my case already 11 months elapsed from the date of final report submission by IO.

Will it create any pressure to her for compromise?

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