Divorce filed by wife
Ajay Sharma
(Querist) 02 January 2016
This query is : Resolved
Hi All Respected experts,
My wife filed false 498a case and Dv case 3 years back and now she has filed for divorce.
The judgement for 498a case is likely to be come by next month.
My doubts:
1.She has filed divorce last month but as i was not at home i haven't recieved the summon/divorce paper and i got to know from my lawyer only that she had filed for divorce. My doubt is shall i reply to divorce notice if it comes next time or shall i wait till 498a judgement comes.
2. What is the time limit to recieve/reply to divorce notice and what if i not reply next time also becuse i want to wait till 498a judgement.
Pls advice
P. Venu
(Expert) 03 January 2016
Wait till the summons is served.
atul
(Expert) 03 January 2016
Well, both are two different cases.
Section 498 a is criminal case which runs in criminal court;divorce is civil case and so requires to be run under civil court. You may wait for the summons however you may receive the same by visiting the court;delaying reply to the divorce petition shall not serve any purpose
K.S.Srinivas
(Expert) 05 January 2016
1. Give reply to the divorce notice without waiting for judgement in 498A case.
2. The time limit to reply the divorce notice is as stipulated in the notice.
Rajendra K Goyal
(Expert) 05 January 2016
Appear on next date of divorce case and file your reply.
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
Well there is a time limit of 90 days within which yo can file your reply after receiving the summons.
In the meantime you may wait for the judgement on 498a case.
