ANEESH TRIVEDI (ADVOCATE) (Advocate) 19 November 2013

Can divorce be filled now?

Charge of 498A and DP4 are still running, case is under revision of discharge,

in this condition can divorce be filed from husband side on the basis of

" CRUELTY by wifeby filing 498A"?

simply is divorce be filed on the basis of filing 498A, if 498A is still not decided,

whether it affect the decision of 498A, or its process..

what are its prons/ cons.

Benefits for husband should be there as it is false case but decision is pending..

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3 Replies

Sanjay Thampi (Lawyer) 19 November 2013

if the court finds that the complaint lodged by his wife is contained with frivolous and flimsy contentions, and subsequently quash the F.I.R., & charge sheet with such observation, then the husband can content that it reflects the cruelty of his wife towards him and there is every chance for him to file a petition for divorce based on that aspect.

for more info; contact: Adv. sanjay thampi (Kerala)

E-mail: sanjaythampi@gmail.com

Phone: +91 9995310410

ANEESH TRIVEDI (ADVOCATE) (Advocate) 20 November 2013

You all are correct but please go through the following facts

FIR is on 25 aug09. charge sheet submitted on oct 09 form that date to june 13 charges are not framed, we force judges to frame the charges here we applied for discharge and no judge is daring to discharge the case as we have proof that IO does not follow CRPC rules and becoause of this an enquiry is set agaisnt IO and she was punished by SP we have the letter of it also all will published in news paper m

now at present , charges are framed under 498A and DP3 , in this judge not read the evideance we attached by giving reference of citation of DEVENDRA NATH PADHI as at this stage no evidence from accuse will entertained, so charged freamed as prime facei

we applied for revision and decision date of revision is on 15 nov postpned on 18 nov due to moharam 18 postphoned due to judge on leave now it is on 29 nov 13 here i lost my patience and thats why my query arises also these are the facts and judges are giving decision for revision case we put almost 20 citation , ruling from SC and HC all over India, but my lawyer told judges are not dared to give bold decisions, so he may say all ruling are applicable to your case.. and thats why i am loosing faith from Indian judiciary system .... a

as helping hand sir and 2B helpful sir suggested , my case is delaying like that and thats why we are not able to file any counter cases, we are helpless here till 498A is pending , otherwise i want to file all case which a man / husband can file agains selfish, greedy cruel bithches so your suggestion are highly welcomed ,,,, in these circumstances...

even we are not filing perjusry as all court followed by policegiri so we i and my lawyer think go slow but my paitence lost as i am loosing childhood of my 2 and half year old daughter in this year i never saw her face in last two year i met her twice of ten minuter after lot of insult, abusive word from wife.

i want to erupt valcano burning inside on IN laws that why i becoming impatient whey that time will come , or not ? god wil do justice to me or not? othewise i opened my weapon and show man power to cruel ladies beyond limit , I am losing control from my mind... lawyer calm me down telling me keep patience your turn will come. ...please share your expereince/ suggestions...