LawRato

After filing for divorce can wife file for domestic violence


18-Feb-2023 (In Divorce Law)

I have filled divorce petition. My query is after filling divorce petition is there any scope for wife to file any counter case like 498a? She left home one year back. If wife is qualified and is in service does she claim maintenance when my income is low?

Answers (2)

Answer #1
735 votes
Yes! Contested divorce filed against your wife, She may file 498A IPC against you. She left home one year back but if she doesn't come back two or more year it may be desertion. If she well established and earning person then she does not get any maintenance.
Helpful? LawRato18+ LawRato
Advocate Shubhankar Dutta

Adv. Shubhankar Dutta

LawRato Jalpaiguri | 25+ Answers
Chat with Advocate Shubhankar Dutta Chat 
Answer #2
971 votes
498A case can always be filed, but having filed a divorce petition, chances of getting bail are higher as it can be shown that the case was filed to get revenge. Maintenance is at the discretion of the judge, and if it can be reliably shown that with expenses, your earnings are negligible, it is possible that no maintenance would be awarded...a sure answer cannot be given in this regard.
Helpful? LawRato11+ LawRato
Advocate Shayak Chakraborty

Adv. Shayak Chakraborty

LawRatoKolkata | 5+ Answers
Chat with Advocate Shayak Chakraborty Chat 

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?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
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."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato