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Wife harassing with false 498A case can i get divorce on this
17-Aug-2023 (In Divorce Law)
respected sir, i got married on 17/02/2014 in registration office under special marriage section my wife harassing me since marriage and filed 498 dpa (18/11/2015) even though i didn't take a single rupee, police filed fir but till now there is no charge-sheet i didn't got any summons from court, with support of their parents and others she making false rumors and forcebly trying to stay with me i cant bare with her how can i get divorce?? how much time it will take?? filing these cases can i get passport because i want to go abroad for studies and job can apply for passport???
hello sir,
Did the Police file a FIR directly or were you called to the woman cell before. the Police cannot file a case directly under section 498a IPC. if FIR has been lodged against you then the case should come before the Hon'ble Court which you are saying that you have not received any summon. i dont think there is any case being registered against you. because if it had been so then you would have been arrested. to file divorce you need to file a Divorce Petition before the court. time cannot be determined in such matters it may get over in 6 months or 2 years. if FIR is lodged against you then obtaining a new passport is difficult.
Did the Police file a FIR directly or were you called to the woman cell before. the Police cannot file a case directly under section 498a IPC. if FIR has been lodged against you then the case should come before the Hon'ble Court which you are saying that you have not received any summon. i dont think there is any case being registered against you. because if it had been so then you would have been arrested. to file divorce you need to file a Divorce Petition before the court. time cannot be determined in such matters it may get over in 6 months or 2 years. if FIR is lodged against you then obtaining a new passport is difficult.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Hi
you can file for divorce on the grounds of cruelty and also filing false 498A.
A divorce proceeding will take about a year.
You can still get your passport and go abroad for studies.
However you will need to give power of attorney for some one to attend cases on your behalf when you are away from india. you will also need to attend court 4/5 times in a year for evidence.
you can file for divorce on the grounds of cruelty and also filing false 498A.
A divorce proceeding will take about a year.
You can still get your passport and go abroad for studies.
However you will need to give power of attorney for some one to attend cases on your behalf when you are away from india. you will also need to attend court 4/5 times in a year for evidence.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear,
File the divorce case on her before the concerned family court, it may take atleast 2-3 years if it is a contested divorce case. Try to file the quash proceedings before the High Court and seek the quashing of FIR if there are any grounds the court will interfere and quash the FIR.
File the divorce case on her before the concerned family court, it may take atleast 2-3 years if it is a contested divorce case. Try to file the quash proceedings before the High Court and seek the quashing of FIR if there are any grounds the court will interfere and quash the FIR.
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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