RAMESH (MANAGER) 12 August 2012
Dear All,
My wife filled 498a case on me on 9 months back. Now she wants to come back.
But I am not in a position to accept her, she is not agree for MCD.
My question is can I file divorce now (or) after acquittal of 498a?
Experts please suggest.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 August 2012
Since it has just been 9 months since she filed the case, we can safely assume that it would take a lot of time, unless of course you get a discharge or a quashing done. Divorce can be filed even now.
JACK WELCH (Student) 12 August 2012
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 August 2012
Since it has just been 9 months since she filed the case, we can safely assume that it would take a lot of time, unless of course you get a discharge or a quashing done. Divorce can be filed even now.
JACK WELCH (Student) 12 August 2012
What is desertion ?
RAMESH (MANAGER) 12 August 2012
On same statement she was filled 498a case and maintenance case.
However interim maintenance was not awarded, Monthly maintenance trails are going and till now these are on our favour.
Can I use maintenance case statements in divorce case
rajiv_lodha (zz) 12 August 2012
Yes u can use these statements in ur divorce case if u feel this need
JANAK RAJ VATSA (ADVOCATE) 14 August 2012
the pendency of 498 a has no bearing. u can file for divorce now only.
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