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Harrased (Querist) 27 April 2013 This query is : Resolved
My wife has filed 125 by aleging of beating and dowry demand by me n.my family and in counter I filed HMA13 . I want to know that id there any adverse to file HMA13 first ?

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Devajyoti Barman (Expert) 28 April 2013
No,there is no such adverse impact. You are legally entitled to seek for divorce.

Harrased (Querist) 28 April 2013
I hv read lot of suggesions inon this website. Normally experts are advising to file RCR first but my lawyer advised for HMA 13. Now she has given the false 498a Complaint in police station. How the police will take it to file HMA 13 first. Now I do not want to take her back and in police station if I will refuse to take her back , will the complaint register or they will go to the truth in het false story ? How I can avoid to get register of FIR ?

V R SHROFF (Expert) 28 April 2013
Once she started litigation c 125;
and you filed petition for Divorce u/s 13,

Your Divorce Petition will not have any adverse effect.

498A , is lodged, so get bail, and matter will continue. 98% guaranteed Aquital for you. No punishment, as never proved.

I never recommend RCR or 498A, as it does not yield any benefit to either party, and only lead to harassment .

You cannot avoid to get register of FIR u/s 498A. You can defend it. All stories are false, is a public secret.

Harrased (Querist) 28 April 2013
I m living in Ludhiana and one 4 years child is with me along with mother. My wife is living in Kapurthala and she is having 6 months baby with her. She was pregnent when she left my house. They inform us about new born baby after all court proceedings . We have not gone there to avoid any new problem. Now If I want to leave her due to her daily problems. Will I get the divorce easily ? financialy I m not so strong so how much expense I will have to bear keeping all the litigations in the mind including maintenance and all ?

V R SHROFF (Expert) 28 April 2013
u r giving facts after experts replied your query!!

Keep cool, Let your children grow up. Let her take care of your young child.
You take care of ur 4 yr child.

If u r financially not so strong, why u want Divorce and spend for TWO WIFE+ 2+ CHILDREN??+ LITIGATION EXP.
DO NOT CREATE PROBLEM: TRY TO SOLVE ONE AT HAND..

Harrased (Querist) 28 April 2013
Mr. Sharoff , It is true that conviction rate is about 2% in 498a with reason.parties are getting.compromise during the proceedings of 498a , either they live together or settlement out of court and then MCD. But u have mentioned that demamd of dowry can not be proved , but this is the resposibiity of Husband side to prove that they have not demand the dowry. Kindly throw some light on this .