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Husband wants to file for divorce as wife files case u/s 376 of IPC
28-May-2023 (In Divorce Law)
hi respected lawyers, I got married on july 2016 and i m hindu now my wife needs mutual divorce from me now my query i came into relationship with my wife in 2013 while in relation i promised her that i will marry her but my parents wanted to me to get marry with their choice of girl after that i refused my gf so in 2015 she charged case of 376 and after that I took decision to marry her in 2016 so now that case is still going on i want to know before completing that case should i go for divorce or should i go for divorce after finishing of that case. As i had suffered a lot so i don't want to suffer more please suggest me. What action will be peaceful for me.
Sir
I would suggest you first settle the 376 section proceedings pending against you by applying for quashing for fir by consent in high court u/s 482 of crpc. then after the matter is quashed by the high court. then you can talk to your wife as to what are her views on the matrimonial relationship. depending on the then prevailing circumstances you both can apply for mutual divorce before the concerned authorities if you both do not wish to continue the marital tie
I would suggest you first settle the 376 section proceedings pending against you by applying for quashing for fir by consent in high court u/s 482 of crpc. then after the matter is quashed by the high court. then you can talk to your wife as to what are her views on the matrimonial relationship. depending on the then prevailing circumstances you both can apply for mutual divorce before the concerned authorities if you both do not wish to continue the marital tie
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Adv. Yusuf Mithi
Mumbai | 25+ Answers
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