Can divorce case file even 498a is running
fighting for my brother
(Querist) 10 December 2013
This query is : Resolved
Hi Experts,
Please help
1- Divorce case can be filed if 498 case is filed..?( summon still not received,6 month passed till chargesheet submitted).
2-If ground is false 498 case etec...for divorce...then wat will be the arguments..did chargesheet saying no witness found is helpful for filing divorse.
Sudharsan.m
(Expert) 10 December 2013
Civil case and Criminal cases are altogether is different. No bar in filing petition for Divorce before the Family Court when you have valid ground of Bigamy. The pendency of case will not affect your right to file divorce petition.
Rajendra K Goyal
(Expert) 11 December 2013
1. Yes
2. Contact your lawyer for arguments, he is well aware of all the content of the case file.
fighting for my brother
(Querist) 12 December 2013
thats the problem... lawyers(except good one which we didnt met yet) take money and just sit on it...they just try to scare us... and dont give right advise..
M V Gupta
(Expert) 12 December 2013
It is not advisable to file divorce petition when 498A case is pending, as it may be cited to support her case under Section 498A to show ur brother's attitude towards her. It would be advisable first to file a petition for restitution of conjugal rights in the family court. This prima facie shows that ur brother is loving her and wants her to be with him. Before filing this petition ur brother should write to her to come back to him and if she fails to return then he should file the RCR petition. Better get the letter drafted by your advocate.
Raj Kumar Makkad
(Expert) 12 December 2013
You have not mentioned the grounds upon which your brother wants divorce from his wife. Filing 498A case is not a good ground especially when the case is still pending.
manoj joshi
(Expert) 12 December 2013
did u got bail form magistrate ?yes or no?
delay after filing chargesheet dosent affect your status u will be tried u/s 498a meanwhile u can try for compromise
fighting for my brother
(Querist) 13 December 2013
@ manoj sir--we applied for bail in High court... but lawyer is saying from last 2 months that he will put when he get his right bench,...so doubtful about him.
@ raj Sir-- ground will be cruelty by filing false 498a and other cases.
ajay sethi
(Expert) 13 December 2013
change your lawyer if you are not happy with his services
ajay sethi
(Expert) 13 December 2013
ok . dont keep on changing lawyers . it can be counterproductive too .
