651+ Lawyers are online 
My wife filed 498a on me and my mom can file divorce case now
08-Jun-2026 (In Divorce Law)
My wife filed 498a on me and my mom in tenali ps. Now can i file a divorce case in Hyderabad where she residing and our property present. I am working in pune. In april i got her call records from airtel thanks app where I noticed 423 call with him how can i implead in this divorce case. He is nowhere related to her job or colleague nor related to her field. When I ask about those calls she filed a case on me. How to prove their dowry allegations are false court will ask the bank transfer proofs
Yes, subject to the facts and applicable law, you may institute divorce proceedings before the Family Court having territorial jurisdiction, including the place where your wife ordinarily resides. However, jurisdiction must be determined on the basis of the specific provisions applicable to your case.
As regards the call records, mere frequency of calls does not by itself establish an illicit relationship. If you seek to rely upon such material, it must be legally obtained, relevant to the issues in dispute, and supported by other admissible evidence. The alleged third party is not ordinarily a necessary party to a divorce petition unless specific relief is sought against him or his presence is legally required.
With respect to the 498A proceedings, the burden remains on the prosecution to establish the allegations through admissible evidence. If allegations of dowry demands or financial transfers are made, bank statements, transaction records, income documents, and other contemporaneous evidence may be produced by the parties, and the Court may draw its conclusions based upon the evidence on record. Preserve all financial records, communications, and documentary material that may assist in your defence.
Helpful?
Adv. Pavani Kumari
Guntur | 400+ Answers
Chat
A divorce petition can generally be filed at a place where the marriage was solemnized, where the parties last resided together, or where the wife is presently residing, depending on the facts and applicable provisions. As regards the call records, mere frequency of calls by itself may not prove adultery or misconduct; you must have legally admissible evidence. In the 498A case, the burden is on the prosecution to prove its allegations. If dowry payments are alleged, documentary evidence such as bank transfers, transaction records, witnesses, and surrounding circumstances may be examined by the court. Defend the criminal case on its own merits and pursue matrimonial remedies separately
Helpful?
Adv. K V Swajith Reddy
Hyderabad | 25+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
