LawRato

How to take divorce in case criminal complaints have been filed


13-Jan-2023 (In Divorce Law)
Meri shadi nov 2015 me hui thi , 27 aug ko meri absent me meri patni ghar chorr ke chali gyi aur do din bad apne mayke pahunchi jiski humne missing complaint krayi thi aur 1 sept 2016 ko meri patni ne mujh par aur mere pariwar par IPC 498a, 323, 504, 506 3/4 aur mere 13 years 10 month ke chote bhai 376/511 lagayi hai . . . Itne sab ke bad me apni patni ko apne sath nhi rakh skta q ki mere pariwar ke liye ye problem create kregi . . . Mujhe Divorce Ke liye kya krna hoga aur police meri arresting kab kab kar skti hai ?
Answers (7)

Answer #1
532 votes
You can file for divorce on the ground of cruelty and their is no bar if a criminal case is pending. Police will not arrest u n your family as under dowry cases supreme Court has passed several orders and has stopped arresting till u received summon from your after filing of charge sheet. But police has power to arrest your brother and send him to juvenile court if he is under age
Answer #2
833 votes
You are facing litigation therefore no advise can be given. Since case is registered you have defend. As far as divorce is concerned there are prescribed grounds under the hindu marriage act on which divorce can be taken. You are advised to consult a local lawyer
Answer #3
850 votes
First file a FIR against your wife for POSCO as she did a sexual offence with ur brother and has admitted it.
Secondly your family will get bail , you have yo get get bail from high court or same day order judgement. Contact further.
Answer #4
922 votes
आपको और आपके परिवार को पुलिस 498 ए के केस में सीधे तौर पर गिरफ्तार नहीं कर सकती है...
आपके नाबालिग भाई को पुलिस जरूर न्यायालय के समक्ष प्रस्तुत कर सकती है ।
जहाँ तक तलाक का प्रश्न है, तो आप इसके लिए संबंधित परिवार न्यायालय में याचिका दायर कर सकते हैं ।
Answer #5
982 votes
If your case is referred to mediation cell then you should keep your all views there and what is the status of criminal cases is, that is also a matter of consideration and you can file divorce petition in court separately
Answer #6
542 votes
Hello,
Here I tell you you diffend your criminal case you don't say what are stage about criminal proceedings after you file section 9 of Hindu marriage act after file divorce you meet personally any advocate and give all details he file divorce in proper way
Answer #7
996 votes
Hello

Sabse pehle to aap bina kis bhi prakar ki der kare Apne Choote Bhai ki 376/511 ke FIR ki High COurt main Quashing Daliye - kyuki is apradh mainpolice use jab marzi tab arrest kar sakti hai aur agar wo looks wise 13 saal se bada lagta hoga to use zabardasti criminal ki shreni main daal degi SO go for Quashing at the High COurt immediately.

Baki logoin ko 498A main police ka notice aayega 41A crpc - appear before the police and apne fact dena.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."