Kiran (a) 17 August 2013

Can i file divorce when dv case proved false

Hi,

My DV Case is in final stage and its a false case.in the court also if it is proved false case.

Can i use the same judgement for filing Divorce?

The same can be used for quashing 498 or can be used as proof for 498?

After the DV Judgement what are the cases can i register on her?

Thanks and Regards,

Kiran

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 August 2013

yes you can use the judgement in both the cases. its depend on the facts and situations

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 August 2013

If the facts are same in DV and 498a and it is mentioned in DV Case, that the case is false, only then you can file a quash or divorce on these grounds.

Inconclusive or inability to prove the allegations would not be a ground for quashing or divorce.

Regards,

Shonee Kapoor

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1 Like

Adv k . mahesh (advocate) 21 August 2013

court will ascertain the merits and the final decision for the divorce and 498 and it is necessary if the judgement is decided in your favour to mention in future cases which give court to refer that a false case was established against you which is added merit to win divorce case and quash 498 case

sridher (system analyst) 23 August 2013

Dvc case it self is a mental cruelty to any person if the case is in your favour u can file for divorse and file speedy trail application through your lawyer using section 21 b