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Gaurav (Engineer)     30 April 2014

Divorce

My wife has filed 498A case against myself and my parents.  Case is on EVIDENCE stage and she has given contradictory statements before women cell, FIR and before magistrate.

Can I filed divorce on grounds of cruelty and desertion as she has been living with her parents for more than 2 years ?

What is the probability to get divorce in haryana ?

Kindly Advise !!!!.



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 2 Replies

ROHIT SHARMA (Legal Advisor )     30 April 2014

Dear Mr Guarav,

1.  The case u/s 498-A of I.P.C filed by her against you  will not survive since you have reasons to show to the court of the  obvious contradiction  in her statements before the women cell, in the F.I.R. and her deposition before the court while the matter is now reached the evidence stage.

2. If you can elaborate as how and what are the features of   such  contradictions i can examine them and  give opinion as whether such contradiction would  reasonably quash her complaint . 

3. If need be talk to this lawyer.

4, Yes, you can file petition for divorce u/s 13 (1) (1-a) (i-b) of the H.M.Act, 1955 on the grounds of mental cruelty and desertion.

5. The chances are equally the same at all courts in India. However, it depends upon the practical  skill of your advocate to achieve the end  results  as soon as possible. 

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M. )

(M) 09824047971.

E-Mail : lawgate1349@gmail.com

 

 

Adv k . mahesh (advocate)     05 May 2014

you can file for divorce on amount for desertion and also you said that she is not stating with you 
why you have not filed rcr till date and in what stages are the cases are.


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