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Husband filed for divorce, I am ready
05-Sep-2023 (In Divorce Law)
Tired of dowry demands I filed 498a against my husband, the case is pending. After 1 year, my husband filed for contested divorce on cruelty, adultery and saying I filed false complaint to extort money. I want to divorce him but he is not agreeing for mutual consent divorce. What can I do ? Should I not attend family court? In that case, will ex-parte divorce decree help him in 498A case also?
If your husband is not giving you mutual divorce then it's advisable for you to file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And draft a strong reply/WS in your defence in the divorce case that is filed by your husband against you in family court. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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you should attend the court and enter your appearance, ideally engage a lawyer and file your reply. if the matter is decided ex parte the allegations of cruelty contained in the divorce petition will attain finality.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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You can take cruelty ground in your Defense and this case won’t effect your other cases at all !
You need to hire expert advocate in this regard ! Kindly n in touch to understand the legalities
Thank you
You need to hire expert advocate in this regard ! Kindly n in touch to understand the legalities
Thank you
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Adv. D. Khan
Delhi | 500+ Answers
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you should always attend court proceedings if you have knowledge of the same. Yes, ex-parte order will have a negative impact on all other cases between your husband and you, not just 498A. Apart from this, if you don't attend those proceedings, the Court will assume that what the husband is saying is correct and he'll be granted divorce on grounds of cruelty and adultery on your part.
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Adv. Rohan Sharma
Delhi | 200+ Answers
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you should attend the court proceedings diligently even though it will not effect your 498A case. You can file a section 13 divorce in family court on your own so hat you can get the decree for divorce and alimony as well.
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Adv. Divyank Dutt Dwivedi
Delhi | 25+ Answers
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