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Can case be filed against husband and family u/s 498A
08-Jan-2023 (In Divorce Law)
I want divorce from my husband. Separated after 3 months of marriage and living with parents for last one and half year. Reason : cruelty by his mother & others.Ultimate reason : didn't allow me to do job. Before marriage, I was already working in school and they had agreed to allow my job. My objective : 1. Get divorce as fast as I can. 2. To recover at least the expenses that my parents had to incurr in marriage by way of gifts & management costing Rs 6 lakh. Course of action : please suggest. Can I file case under 498 A or its time is barred. Would it be advisable to go for 498a ? if I go for divorce straightway, can I achieve my above 2 objectives easily? I am Hindu.
Hello,
Please have a face to face meeting with Advocate. Your facts suggests you want to file a divorce case. Wait for 6 more months then your case will be more stronger, 2 yrs separation is enough for divorce.
Please have a face to face meeting with Advocate. Your facts suggests you want to file a divorce case. Wait for 6 more months then your case will be more stronger, 2 yrs separation is enough for divorce.
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There should be some grounds for filing the case u/s. 498A. If the husband or his family members not allowing you to work does not become an offence u.s.498A. If there is any cruelty you can file for the divorce. If the divorce is bh mutual consent, it is faster. Otherwise it will take more than 6 months.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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You can achieve object easily, but even though also file a complaint under 498a also. But you have consult lawyer to get guidance or else consult me for getting further course of action. Directly you can approach court to get divorce. Better you consult me and discuss and get relief.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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Dear Madam,
As per your query you can file case under Section 498(a) but it is not relevant to divorce case Madam, you can file case for divorce on Cruelty ground and also you can recover amount from him by way of maintaince.
As per your query you can file case under Section 498(a) but it is not relevant to divorce case Madam, you can file case for divorce on Cruelty ground and also you can recover amount from him by way of maintaince.
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Adv. Shashikumar K
Bangalore | 200+ Answers
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1. You can file a petition for divorce under Section 13(1) of the Hindu Marriage Act on the ground of Cruelty however you need to gather enough evidence which would prove cruelty by your husband and in-laws. 2. You can file an IA claiming your stridhan. 3.Burden of proof is on complainant, for filing of a case under section 498A or Domestic violence there is no time limit. But it is suggested to file the case as early as possible,if the spouses are living separately for long time and a delay has occurred, then the delay should be explained. 4. If you have enough evidence through which you can prove the cruelty/ harassment done to you, you can file 498A .
Please consult a lawyer, only after hearing the complete facts and perusal of evidence can a lawyer decide how to strategize your case for your benefits. Should you require consultation/legal assistance feel free to contact.
Please consult a lawyer, only after hearing the complete facts and perusal of evidence can a lawyer decide how to strategize your case for your benefits. Should you require consultation/legal assistance feel free to contact.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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