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Wife filed 498a case and i want to file for divorce before any trial
16-Nov-2023 (In Criminal Law)
Iam an Hindu, My wife filed 498a and 307 case on me, recently prc numbers given, not even trials started, and I'm not ready to lead my life with her further. so my question is can i file divorce. If so, is it right step or it will be an advantage to her to strengthen her fake case?
No, you should not file divorce now. It will be a wrong step and she will have an advantage for her case. You have to better contest the case she filed and prove her guilty and if you both decide to separate then divorce will be allowed or you both can mutually sort out your problems and file mutual consent divorce that would be much better.
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Adv. Rekha Kumari
Hyderabad | 100+ Answers
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Yes certainly u can file divorce case against your wife on the ground of crueilty with strong evidence against her as u already prepared not to lead marital with her and it will not be any hurdle for the other cases
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Adv. Vara Prasad Deevi
Vijayawada | 25+ Answers
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Dear,
You can file for divorce now under cruelty ground stating the fact of her instituting false 498A and 307 IPC against you and other instances of cruelty you were subjected to by your wife. This is a right step given the fact that no normal husband would like to continue matrimonial relationship with his wife after facing such cases from his wife. Another suggestion is to wait till the criminal cases dispose off in your favor and then file for divorce but the criminal cases in question may take longer time to get disposed off. Thus, it's your call either to file for divorce now or after the criminal cases dispose off. Your wife will not have any advantage if you file for divorce.
You can file for divorce now under cruelty ground stating the fact of her instituting false 498A and 307 IPC against you and other instances of cruelty you were subjected to by your wife. This is a right step given the fact that no normal husband would like to continue matrimonial relationship with his wife after facing such cases from his wife. Another suggestion is to wait till the criminal cases dispose off in your favor and then file for divorce but the criminal cases in question may take longer time to get disposed off. Thus, it's your call either to file for divorce now or after the criminal cases dispose off. Your wife will not have any advantage if you file for divorce.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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yes you can file divorce case. the divorce case will not be benefited to her case both are the different cases. you can go ahead with the divorce case nothing will be happened if you have any further doubts pls contact me.
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Adv. T. V. Laxmikantham
Hyderabad | 25+ Answers
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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.
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