Whether its right time to file divorce?

My Sister In law has filed 498-A/406 case aginst my brother and rest of family members 1 year ago and proceedinsg are pending before the HC for quashing
Then she filed the case 125 CrPC for maintenance
and therafter she filed the DV case agsint rest of the family members
My brother and his family has been facing the torture for last 1 year for appering before the courts, Bail etc

Now whether ist right time that we should move an application for divorce under cruelty & desertion or shll we wait till charges has been exonerated?

It has been right time ever since when she went to court.

May be It is not right time. If divorce case is filed in parallel then you might not be able to focus on each point in criminal case. First put all your energies on criminal cases. Make your that lady is not able to delay the criminal case and instead of just defending the charges, husband should prove in the court that charges are false/fabricated.

Once husband gets acquitted in criminal cases against hime, divorce is guaranteed.

Originally posted by : Raman
	My Sister In law has filed 498-A/406 case aginst my brother and rest of family members 1 year ago and proceedinsg are pending before the HC for quashing Then she filed the case 125 CrPC for maintenance and therafter she filed the DV case agsint rest of the family members My brother and his family has been facing the torture for last 1 year for appering before the courts, Bail etc Now whether ist right time that we should move an application for divorce under cruelty & desertion or shll we wait till charges has been exonerated?

I dont think the court will issue a param veer chakra to each and everyone in the household against whom the said 498a, 406, DV, 125 crpc for undergoing torture and not filing divorce case yet.

Let me tell you one thing my friend, for these cases ie 498a, 125 crpc, 409, DV to get over it will take a lot of time [5-6 years], provided you pay the wife handsomely and thereby request her to take back all those cases filed.

And coming to the divorce part, if you are thinking of filing for divorce after undergoing all humilation, you will have to wait for a good 5-6 years, then perhaps if someone suggested that you wil file a divorce petition based on cruelty, and God not if wifey contests the divorce, that will take another 5-6 years [minimum], still you will have to pay her money in the end.

Instead of all that, ask your lawyer to contact the other party and lure her with money, and to agree for MCD, that will be the best option to evade from future headaches and court roaming!

Originally posted by : Gopal Arora
	May be It is not right time. If divorce case is filed in parallel then you might not be able to focus on each point in criminal case. First put all your energies on criminal cases. Make your that lady is not able to delay the criminal case and instead of just defending the charges, husband should prove in the court that charges are false/fabricated. Once husband gets acquitted in criminal cases against hime, divorce is guaranteed.

Sorry to quote you Gopalji:

a)  To fight criminal case and come out of it 5-6 years, then again you suggesting to go for divorce after coming out clean from criminal cases, that makes quite a lengthy process.

b)  If wife contests divorce case, then again 5-6 years.

So a + b = 12 years wasted.

File divorce now, this party will get divorce in another 6 years.  Which one looks lucrative and less time consuming???

My brother income is around 50,000 p.m after taxes..Yet she has been claiming maintenance of Rs 1 lakh per month depsite of thsi she is working..If one time settlemnt definately she qill ask for 1 lakh x 100 times which will be one crore and after barganing it may come to 70-80 lakh

Who will going to bear all her cost?

even the interst of all the money goes inlakhs..

It better to pay the interst money on litigation and lawyers rather than giving to her

Do agree with Gopal Ji..for advice

Mporeover if all started giviong money the other will take advanatges and commits th same sins aginst son in laws..

Originally posted by : Raman
	My brother income is around 50,000 p.m after taxes..Yet she has been claiming maintenance of Rs 1 lakh per month depsite of thsi she is working..If one time settlemnt definately she qill ask for 1 lakh x 100 times which will be one crore and after barganing it may come to 70-80 lakh Who will going to bear all her cost? even the interst of all the money goes inlakhs.. It better to pay the interst money on litigation and lawyers rather than giving to her   Do agree with Gopal Ji..for advice   Mporeover if all started giviong money the other will take advanatges and commits th same sins aginst son in laws..

Why dont you ppl having maintenance problems file a objection to the IA application?????????

Are you not aware that IA application or the 125crpc calls for a objection?

@Raman

If you have good evidences to prove cruelty or desertion then you can file divorce now. Divorce application without sufficent grounds/evidences divorce may be dismissed in lower court. Of course, still you can file appeal in high court.

It is better to expedite criminal cases and fight with full force. Once acquitted in criminal cases, the opp party will not be able to oppose divorce and you can get the decision on divorce in minimal time.

Try to get acquittal in criminal cases before lower/high court decides on divorce case.

If she is working then prove in the court that she is earning handsome salary so that court will not grant interim maintenance.