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can i file for divorce against wife if she has already filed 498 &125;
17-Jul-2023 (In Family Law)
Married in 2003. Daughter born in 2005. Wife went with her father & others in 2013. Tried to solve problems & even took her to hill station but she refused to come back. She filed for 125 & 498A in 2015. Mediation in125 failed after 3-4 attempts. Mediation in high court UP also failed after 3 attempts. Now hearing will begin in both the cases. Now what should be my course of action. Should I file for divorse & 406. She is working as teacher but I dont have any proofs.
Since the 498a?DV case is still going on- fight the case.Dont apply for divorce now,not at all advisable, will add more fuel to the ongoing fire.Your first priority is to tackle 498/DV case. Get a good legal counsel and fight the case on merits.Let her make all the false allegations in 498/DV, prove them to be wrong and then you have a solid case for divorce under cruelty grounds. Let me know if I can be of any help.
Regards
Regards
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Adv. Anilesh Tewari
Lucknow | 200+ Answers
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You must first analyse what is the dispute and who is at fault. For minor things one must not think of divorce or court cases. Both of you must respect each other and in case on minor tensions or fights you should be flexible enough to withstand it. Think of your daughter and the greator interest of the family.
Helpful?
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Adv. Suyash Gupta
Lucknow | 25+ Answers
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