Divorce at what appropriate time to file
Sundram N
(Querist) 13 July 2013
This query is : Resolved
Dear Sir,
Kindly share your expert view that, at what stage, I can file divorce case against the cruel wife. 498a case is finally charge sheeted in which almost all the allegations are made false by IO but my bail is pending till now. Wife already filed maintenance case u/s 125 to extort money. I have two children whose future are blackmailing by her.
I have evidence recorded in my mobile in which, she clearly said to throw out my old age parent and my younger brother. She crosses all the hate of line, saying me to murder to use knife. Her parent and elder sister is conspirator in such cases.
Kindly suggest that, can I file divorce or wait till what stage of the case of 498a and 125.
Adv Archana Deshmukh
(Expert) 13 July 2013
It is your choice, you can wait till the results of 498a case or you can file it even now if you have evidence to prove her cruelty. It all depends upon circumstances.
Advocate M.Bhadra
(Expert) 13 July 2013
You have two children so think once again for reconciliation.If you have already decided then no need to wait for filing a Divorce suit,try to file mutual consent divorce offering one time alimony,failing which you can file on contest,but is is lengthy process.
Rajendra K Goyal
(Expert) 13 July 2013
Well advised by the experts, nothing more to add.
