Can i file a divorce case against to wife's dv and 498a cases??

Querist : Anonymous (Querist) 27 December 2011 This query is : Resolved
Wife filed a DV case and other criminal cases like 498a.

In her DV case she claims for maintenance and other interim reliefs.

As there would be no chance of living together again, Can i move forward for filing a Contested Divorce?

pls suggest.

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M.Sheik Mohammed Ali (Expert) 27 December 2011
yes, you have rights to file divorce, as per hindu law.

ajay sethi (Expert) 27 December 2011
you can file for divorce but if divorce is contested it will be a long drawn affair .

since your wife dsoent want to stay with you try for divorce by mutual consent

N.K.Assumi (Expert) 27 December 2011
We all know the danger that the Indian society is facing today by the misuse of 498a and DVA. But it is equally wrong to say that there is no chance of living together after resorting to those laws by the wife.A home can not be run by each of the spouse acting like the commander in chief of the Army.And there must be sacrifices on the parts of the spouses to adjust to each other without insisting on their rights like a Sovereign Country,and if this goes on there will be no Home left in India.As such, I would not recommend for divorce petition at this stage, but face the trial and see what she is after, only thereafter you take steps for divorce. Who
knows there may be chances of reconciliation and your wife allegations
may be a trifle one only.Hope the court will give you both chances for reconciliation.

prabhakar singh (Expert) 27 December 2011
you can file divorce no doubt but it's materialization is long drawn business if not agreed and consented.

V R SHROFF (Expert) 27 December 2011
Consider Assumi's views also.
Fight will never end, and spoils further

Shonee Kapoor (Expert) 27 December 2011
Divorce on what grounds?

Just because she has filed DV and 498a is no ground to file for divorce.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Nadeem Qureshi (Expert) 27 December 2011
Dear Querist
if you have any strong ground in your favour then you can file a divorce petition before court and fight the case.
feel free to call

Querist : Anonymous (Querist) 27 December 2011
Do we have any legal procedure for asking the wife and her parents(who are the main role players and adamant people) to come for mutual consent divorce?
Why because there is no mediator for our families to do settlements or to arrange talks. please advise in this aspect.

Thanks in advance.

Devajyoti Barman (Expert) 27 December 2011
The approach her in person and do the talking for negotiation.
Else file a suit for divorce on the ground of cruelty.

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