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Sam   16 January 2017

Can i file case first?

Hi,

I have been suggested by my lawyer (Delhi) that in case if your wife & family is not ready for mutual or there is a deadlock, then you can file divorce case first based on cruelty. This way, if she files any DV or498a, then it will be considered as counter attack. I do have her medical reports (paranoid schizophrenia). I want to know about the pros and cons of filing the case first? Secondly, do I need to show any recordings or any proof of cruelty by her?



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 3 Replies

naveen (business)     16 January 2017

Yes, ur lawyer is right, While filing case no need to show any evidence of cruelty but during cross examination u have prove it with supporting evidence if necessary. Once u enter into legal battle it won't end in short period, think before filing case. Else marry illegally and wait for ur first wife to act on it than fight the case on merits.
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(Guest)
Originally posted by : Sam
Hi,

I have been suggested by my lawyer (Delhi) that in case if your wife & family is not ready for mutual or there is a deadlock, then you can file divorce case first based on cruelty. This way, if she files any DV or498a, then it will be considered as counter attack. I do have her medical reports (paranoid schizophrenia). I want to know about the pros and cons of filing the case first? Secondly, do I need to show any recordings or any proof of cruelty by her?

1.   Crying baby gets milk first.  File your divorce petition right away.

2.  Yes, you need to submit all proofs available.

naveen (business)     11 June 2017

What cases husband can file on abandoned wife and in-laws on which IPC and crpc sections

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