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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..



Learning

 4 Replies

2BHelpfull (Other)     19 November 2013

ONLY AFTER THE 498A DISSMISSAL ORDER . U CAN FILE THE CASE .


(Guest)

You can file such divorce petition right away. as by the time the 498a case gets over and you come out clean, it will take same amount of time for divorce petition to reach evidence or cross examination stage. In short, by the time you get final orders of 498a your divorce petition where you have mentioned filing false case of 498a as cruelty, would have just reached evidence stage.  


So you can very well include the filing of a false case under 498a as cruelty.


Good luck.

Laxmi Kant Joshi (Advocate )     19 November 2013

Yes you can file divorce while 498A is pending in the court on the ground of mental cruelty as she had field false case against you , and you have lost your respect among your relative and friends.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     19 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...


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