Can wife file 498 or dv act cases after fist motion of divorce

Question

Can wife file 498 or dv act cases after fist motion of divorce

19-Oct-2023 (In Divorce Law)

My first motion has been done and my wife had her recieved alimony amount and according to settlement she has cancelled the 498a FIR and has withdrawn the Domestic violence case but now in second motion she is denying to attend court and I want to ask can she again reopen or 498a and Domestic violence case or she can file new case on me to harrass me again as their family is sharp minded and want to harrass me

Answers (7)

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Adv. Vishwanath Pratap Singh Adv. Vishwanath Pratap Singh

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Advocate Bhawana Pandey LawRato · Accepted Answer · 2021-10-02T01:05:39+05:30

Answer #2

She can very well do so, as many of the parties step back on second motion in which some cases are bonafide however some are only with malicious intent to trouble the other side. She can only reopen the cases after showing any cause to open the same. Also if there is any MOU signed before the filing of the petition then you can take the same as a safeguard. For any further legal assistance please feel free to contact Thanks

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Adv. Bhawana Pandey Adv. Bhawana Pandey

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Advocate Abhinav Sharma LawRato · Accepted Answer · 2021-10-04T11:29:26+05:30

Answer #3

Good afternoon sir / madam I have perused your query and understand that you need some legal advice. I will need some more details from your end to provide you a more comprehensive legal advice. Regards

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Adv. Abhinav Sharma Adv. Abhinav Sharma

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Advocate Shubham Mahajan LawRato · Accepted Answer · 2021-10-19T15:55:58+05:30

Answer #4

Sir, have you entered into any settlement deed??? If yes I need to see the terms and conditions of the same, if the deed has any clause of revival of complaints?? If there is no such deed then after receiving her alimony amount, the chances are very less that she can revive the cases.

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Adv. Shubham Mahajan Adv. Shubham Mahajan

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Advocate Rahul Kumar Singh LawRato · Accepted Answer · 2021-10-19T17:59:03+05:30

Answer #5

before suggesting you something fruitful , there must be some Clause in MoU in which it will be written , that in case if any party is on default with any condition, he or she may face the legal action or something else to compensate the breach of MoU.

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Adv. Rahul Kumar Singh Adv. Rahul Kumar Singh

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Advocate Pankaj Chauhan LawRato · Accepted Answer · 2021-10-20T09:59:11+05:30

Answer #6

law doesnt stop her in any way. but court can very well assume that she is doing it all deliberately. is she dsnt turn up then u can very well seek divorce ob ground of mental cruelty that she is causing u..

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Adv. Pankaj Chauhan Adv. Pankaj Chauhan

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Advocate Sapna Seth LawRato · Accepted Answer · 2021-10-27T23:57:59+05:30

Answer #7

Dear Client Advocate Sapna Seth this side. Please don't hesitate to contact me. You can also contact me via email or telephone. Your consultation is booked for 30mins. Contact me whenever you are free. Time 9am to 8pm.

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Adv. Sapna Seth Adv. Sapna Seth

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