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Can wife file 498A and divorce case at the same time
20-Jun-2023 (In Divorce Law)
Dear Lawyer, This query is on behalf of my friend who is struggling fighting the false allegations made by his wife seeking divorce . She has filed 2 cases one as a Regular Divorce and other one is Domestic violence ..My query is that can one file 2 cases at the same time ?
There is no rule why it cannot be filed ,hence she can take both recourced ,one for domestic violence ,cruelty and on same she can pray for divorce ,yes how to counter both separately can be beneficial ,hence ask your friend to consult us if he wants to counter .Ofc: Dr pankaj Kumar , Advocate .
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Claiming one remedy under one Statute, cannot invalidate another remedy that is available in another Statute. Where there is a right, there is a remedy. The two Statutes, confer distinct and separate rights to the same party, and therefore the same can be maintainable simultaneously.
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Yes both cases can be filed and your friend will have to appear in Court and defend himself in both. The cause of action in Divorce case and in Domestic Violence case being different, she can file both the cases simultaneously.
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