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Can file divorce case in Chennai as DV and 498a case pending in Court
31-Mar-2023 (In Divorce Law)
I am a Hindu, lived with my wife for 9 years after which she left me to her parents house. Immediately she filed a DVA case and a 498a case based on false allegations against me, parents and in-laws. Got AB in 498a case. Both cases are moving at snail's pace. Interim maintenance has been ordered in DVA/CrPC 125 cases. In both DVA/498a cases she has falsely alleged that we went to their house and attacked them on specific dates. On these dates, myself and in-law were actually working in our place of employment. We have solid proof of attendance in the form of Access Card/Finger print access records for which acknowledgement has been provided by the employer. In this situation, can I file divorce at Chennai on grounds of mental cruelty? Particularly when the DVA/498a cases are pending in Magistrate courts.
If you have the proof of your attendance at your work place on that particular day and time as alleged by your wife in her complaint then in that case you can file a petition for divorce on the ground of cruelty, which then you will have to establish by adducing evidence
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Adv. Sainand Chaugule
Mumbai | 25+ Answers
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Certainly. It is a fit case for divorce.the act of your wife amounts to mental cruelty.There are several precedents of the supreme Court and other high courts to this effect.You take up the trial of the criminal cases seriously.
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Adv. B N Rajamohamed
Madurai | 25+ Answers
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There is no bar in filing divorce case. If you could prove the allegations are false and your wife caused mental cruelty the court would grant divorce. During the proceedings you could ask for mediation and it is a good opportunity for settling all the cases at once if any amicable settlement arrives between you.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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Hi,
Obviously a dissolution of marriage petition can be filed. However, bear in mind that your wife may challenge as criminal case is pending. Once you get acquitted in 498A , that can be one of the grounds to dissolution. Call me if you have doubt.
Obviously a dissolution of marriage petition can be filed. However, bear in mind that your wife may challenge as criminal case is pending. Once you get acquitted in 498A , that can be one of the grounds to dissolution. Call me if you have doubt.
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Adv. Rajaganapathy
Chennai | 100+ Answers
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If you and your lived together in Chennai then you may file a case in Chennai family court or whatever the right jurisdiction you may file. Divorce can be filed on the ground of cruelty is apt for your case
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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