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housing   21 August 2016

Maintainance/ almoney

If a wife files a false case under 498Aand 406, u/s 125 for maintanance and case under DV act and all cases are in court and husband is confidant that he will win on the basis of record available with him. The cases have already taken 4 years and at this speed may lingre on for 2-3 years . Can husband fille for divorce. my points are as under:- a) where the case should be filed that at the place husband and wife resided together or where the wife is staying as she is staying ig different state just to harass boy. b) Has the boy to pay maitanance or lump sum almoney ef he is able to prove that lady left for money and to harrass him


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 3 Replies

adv.bharat @ PUNE (Lawyer)     21 August 2016

It is filed at place where both party lastly resides together.

Once u file the case court will decide the matter on merit basis.

housing   21 August 2016

thanks for the guidance

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 August 2016

The petition can be filed either a place where thje couple last resided together, the place where the marriage was solemnised or the place where the wife stays on the date of the filing. The False cases filed by her actually happen to be a strong ground to seek divorce. Go for it.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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