Divorse Case Eligibility Grounds

892 votes

In this case, yes she can file DV and Maintenance case you can file your counter statement state your side about facts and further I like to know your wife working or not. I have a vast practice in that area you can seek my assistance in your matter.

Advocate Raghuraman Balaji LawRato

796 votes

your statement is partly true. filing of maintenance case will not be a ground for diverse. but filing of a false 498a case is sufficient ground for filing of divorce. you need not wait for 498 a tu to be completed you can file for divorce right now

Advocate S.K Prabhakar Shetty LawRato

616 votes

yes u can file divorce immediately since already your wife has filed 498 and mc on you it is one of the cruelty ground for divorce , and she also disserted you therefore you have every right to file divorce

Advocate Bobby Portia LawRato

650 votes

Hi.
The facts are not clear, kindly elaborate. If your wife had filed a 498A IPC on you and had asked for maintenance, then just because she had filed a case against you, it cannot be a ground for your want of divorce. You need to prove that her claims were false and based on the relevant evidences, situations and circumstances you can also file for a divorce.

Advocate Ayantika Mondal LawRato

552 votes

Greetings of the day,

If 498 A case has been disposed off in your favour and you have been discharged or FIR has been quashed by the High Court finding it to be false that you can file a case for malicious prosecution and divorce on the ground of cruelty. Divorce can be filed after lapse of 1 year of year.

Advocate Anubhav Kathuria LawRato

937 votes

Hi,
As per the information provided by there is a separate petition yo file divorce which will be filed before the Principal Judge, Family court under the Hindu Marriage Act. The Jurisdiction of the court will be decided by the place either one of you is living or where both of you loved together. For further query you can contact me.

Advocate Ayush Kapur LawRato