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My Wife has filed Fake 498A,504,34 IPC matters 8 days after marriage
19-Sep-2023 (In Divorce Law)
Dear sir, Wife file Fake FIR & above complaint after 8 days of Marraige, I file for Anticipatory bail for me & Dad. We got bail now what should be my next action to file charge against her & family.I didn't apply for bail my Mom(as per new SC rule no one can arrest until full investigation) Police file charge sheet also. So please guide me what would be next. Can I file divorce coz she is not leaving with me now 8 month of marriage & she did stay with me only 8 days as well she don't want to be live with my Mom-Dad. So Can I use that for cruelty on me for divorce or should I have to wait for 1yr ?
Hi,
You will have to wait for one year from date of marriage for seeking divorce. You will have to defend 498 A Matter. She is not ready to live with your parents you may take that ground along eith cruelty for seeking divorce. Thanks
You will have to wait for one year from date of marriage for seeking divorce. You will have to defend 498 A Matter. She is not ready to live with your parents you may take that ground along eith cruelty for seeking divorce. Thanks
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Adv. Jitendra Wagh Patil
Aurangabad, Maharashtra | 25+ Answers
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Sir
Divorce petition can be filed only after 1year of marriage unless you can show extreme hardship and get permission of the Hon'ble Court to file before but as its already 8 months it will be better to file after 4 months during which you can consult advocate and prepare your divorce petition.
Divorce petition can be filed only after 1year of marriage unless you can show extreme hardship and get permission of the Hon'ble Court to file before but as its already 8 months it will be better to file after 4 months during which you can consult advocate and prepare your divorce petition.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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Yes you can file case of divorce against your spouse on the ground of cruelty as well as desertion, however i suggest though you may not intend to cohabitate with your wife you should file petition of Restitution of conjugal rights in alternate grant of divorce, in this way court will understand that you case is genuine and may direct your wife to reside with you either or get divorce with condition to withdraw the criminal case filed against you.
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Adv. Shrikant Wamanrao Maruskar
Nagpur | 25+ Answers
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