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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
513 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.

Answer #2
555 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.

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