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RAMESH (MANAGER)     12 August 2012

When can i file divorce

Dear All,

My wife  filled 498a case on me on 9 months back. Now  she wants to come back.

But I am not in a position to accept her, she is not agree for MCD.

My question is can I file divorce now (or) after acquittal of 498a?

Experts please suggest.  



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 August 2012

Since it has just been 9 months since she filed the case, we can safely assume that it would take a lot of time, unless of course you get a discharge or a quashing done. Divorce can be filed even now.

1 Like

(Guest)

Sure you can file divorce petition as against your wife irrespective of the pendency of the 498-A case. If you intend to file the same, see to you proceed with the 498-A case at the earliest so you can take benefit of the same while disposal of your divorce petition.

1 Like

JACK WELCH (Student)     12 August 2012

Cannot he file for Constructive Desertion ?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 August 2012

Since it has just been 9 months since she filed the case, we can safely assume that it would take a lot of time, unless of course you get a discharge or a quashing done. Divorce can be filed even now.

1 Like

JACK WELCH (Student)     12 August 2012

What is desertion ?

RAMESH (MANAGER)     12 August 2012

On same statement she was filled  498a case and maintenance  case.

However  interim maintenance was not awarded, Monthly maintenance trails are going and till now these are on our favour.

Can I use maintenance case statements in divorce case  

rajiv_lodha (zz)     12 August 2012

Yes u can use these statements in ur divorce case if u feel this need

JANAK RAJ VATSA (ADVOCATE)     14 August 2012

the pendency of 498 a has no bearing. u can file for divorce now only.


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