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ramesh (p)     15 February 2010

FIR under Section498

My friends sister have filed a case aganist Section498 and currently staying with her parents with 2 kids. She wants a divorce with compensation for her both kids. She is educated and wants to restart her carrier. Considering all these points what should be next step in getting divorce, custody of kids and compensation.



 2 Replies

kranthi kiran (Works In Judicial Department)     15 February 2010

Let her file a Petition before the Family Court seeking divorce. Apart from that file a Petition under section 125 Cr.P.C for maintainence.

Guest (Guest)     15 February 2010

If the husband accepts, mutual consent divorce decree under Section 13 B is recommendable.  In this, both the parties can severe their relationship without blaming each other and without any acrimonious future.  In this petition, both the parties can come to compromising terms in respect of alimony, maintenance, withdrawal of Section 498-A (it has to be seen at what stage the case is there), custody of children etc. and on the basis of these terms, the decree of divorce is granted within seven months of filing of the petition.

If the husband is not willing for this - file a divorce petition on the proper ground and get it prepared the divorce petition meticulously, with specific details (not vague submissions) and file it in the designated court.


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