amit (director) 04 May 2010
Hello,
I wanted to know that if I send legal notice to my wife to her address asking her to come back. On the basis of the notice I file the Divorce immediately. Once I file divorce, police cannot touch me for 498a.
Is the above statement is true ?
Further how one can use effectivly the new law i.e sec 41
Devajyoti Barman (Advocate) 07 May 2010
It is totally wrong to say that once you file a diorce suit the police can not arrest you in 498A case as both the proceeding deals with diofferent aspect of law. Moreover in your case if you have already sent the notice to your wife tiocome back then you have condoned her cruel acts and hence debarred to file the divorce suit on that ground anymore.
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