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Navin Kashyap (NWM)     24 August 2012

498a time period

Can the wife file a case under section 498A  after the divorce case has been filed by the husband? In my case I filed for divorce on the grounds of cruelty on 1.4.2012. My wife has filed a case under 498A last week and the police registered FIR. Can she legally do this when a divorce case is already pending in the court?

Any help on this would be highly appreciated.,



Learning

 4 Replies

Never Give Up (Fighter)     24 August 2012

Yes Navin, She can file 498A any time she wishes...

 

Focus on getting Anticipatory Bail for you and all accuse mentioned in FIR.

 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 August 2012

Yes there is no bar on filing of 498a after divorce case is filed. Get AB ASAP

Read this https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

Good Luck !

 

Bharat

1 Like

Sudhir Kumar, Advocate (Advocate)     26 August 2012

a sterotype matter.  498A is filed on receipt of divorce notice so you will be at the defensive.


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