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Jurisdiction in Divorce and Dowry Cases
21-Jan-2023 (In Divorce Law)
Wife has already filed criminal complaint under 498 and other sections against me. The criminal case is proceeding separately. In her divorce counter she has again stated same facts as in criminal complaint. Can the family court consider these charges which are already subjudice?
The ground on which the divorce petition filed must be cruelty. Hence, there is no need to mention any other grounds. Family court can grant divorce on the ground of cruelty and apart from that she is also entitled for other reliefs.
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Adv. N Venkateswara Rao
Hyderabad | 25+ Answers
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Hi
498a is a separate case and divorce counter is a separate case.
It is not sub-judice if the contents/complaints in 498a is repeated in divorce case and vice versa.
only if either 498a/divorce case has been settled, then the matter cannot be repeated.
in your case, both cases are under progress and hence not sub-judice.
498a is a separate case and divorce counter is a separate case.
It is not sub-judice if the contents/complaints in 498a is repeated in divorce case and vice versa.
only if either 498a/divorce case has been settled, then the matter cannot be repeated.
in your case, both cases are under progress and hence not sub-judice.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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