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Do i have to withdraw the case under sec 498 if file for divorce
22-Oct-2023 (In Divorce Law)
Hi my name is Nandini. I got married on Feb-2017. He is asking more dowry and harrassing me so I kept 498 case on him the case running. Now I want to apply for divorce if I apply for divorce and if I got divorce what about the 498 case is that case continue or I have to withdraw the case. Please let me know thank you.
Hi
Divorce case is different and 498A case is different.
Even if you apply for Divorce, the 498A case will continue in its own course.
both are two different cases and both cases are not interlinked, though the parties are the same.
Divorce case is different and 498A case is different.
Even if you apply for Divorce, the 498A case will continue in its own course.
both are two different cases and both cases are not interlinked, though the parties are the same.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Hello madam, Hindu Marriage is regarded as sacrament AL in nature and not a civil contract.Madam, SEC.498A IPC is a criminal offence sand It is pertinent to mention at this juncture that the divorce can be claimed on any ground only if the marriage period of at least One Year has been elapsed. Even if you withdraw 498A ,you cannot apply for divorce under the eye of law. Even if both the spouses intend to seek mutual consent divorce atleast One year of marital bond has been elapsed ( mutual consent divorce can be sought within 6 months). Hence, don't take any hasty decisions on emotional basis and ty to settle and preserve the marital tie/bond by making negotiations with the family elders from both sides... Regards... Balachander Reddy, Advocate.
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Hi,
Both the cases are different and if you apply for divorce then it will also be contested by your husband or another option is mutual divorce which will happen with both of your consent with cooling period of 6 months, once you file a complaint in 498A it becomes a state case and the public prosecutor will seeing your case it is different issue. Call us through the website to assit you
Both the cases are different and if you apply for divorce then it will also be contested by your husband or another option is mutual divorce which will happen with both of your consent with cooling period of 6 months, once you file a complaint in 498A it becomes a state case and the public prosecutor will seeing your case it is different issue. Call us through the website to assit you
Helpful?
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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