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Kapil Lalwani (owner)     12 January 2013

Can i file dv and 498a after divorce petition from husband?

 

Hi,

My Sister whose matrimonial home is jaipur has recd a divorce petition from her husband.

Its been 3 years of her marriage and they have baby girl child as well.

My sister was asked to leave matrimonial home seven months back and hence came to our place which is madurai in tamil nadu.Actually she was tortured and sent back to get the money from her parents.The amount asked was for rs 20 lakhs and without this she was asked not to enter her matrimonial house.Last ten days before as well she was threatened by the husband to bring the money else will file the divorce petition.We didn't answer for the same and were shocked to see the divorce petition filed by the husband.The same was recd today.

Can we go ahead and file for 498A and DV act after recieving the divorce petition?

The husband was already aware that my sister will be filing for 498A and DV hence to save himself the husband filed the divorce petition to avoid 498A and DV.The petition was sent so that  he could show the fault was on my sister's end.

Please let us know if we can still file the case on them and what else else can be done on this?



Learning

 3 Replies

Ranee....... (NA)     12 January 2013

Yes.File a dv asking residence right and maintenance.

what ground he has taken for divorce? 

Tajobsindia (Senior Partner )     13 January 2013

1. Hire via reference an advocate and discuss more facts especially in those 7 months what the family did to safeguard her then act upon S. 498a and/or DV. These two cases also costs money and she has to prove grounds as per criminal code r/w evidence act!
2. A husband can file Divorce if he has valid reasonable grounds and it is not that to safeguard against future S. 498a and/or DV a husband files for divorce.
3. If your sister does not want divorce then she can resist the grounds used by him and place her versions of the facts of what happened in matrimonial home during the divorce matter allegation period.
4. Important thing first to do here is to get transfer of Divorce case to Madurai by hiring an SC AOR ..e by approaching Hon'ble SC if she wants to contest his divorce case. It costs money to get a transfer done!

Msk-need -nuetral- laws (self)     14 January 2013

Yes, you can file both DV and 498a. No issues, but if there is no merit in it, it will be quashed. Decide and go only if you have strong evidence, not just for threatening purpose. Anyway your family can defend against the ground, as tajobs highlighted, transfer the case to Madurai HC . saves money and needless travel 


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