Kiran (a) 11 August 2013

Minimum requirements to file divorce

Hi,

on feb 2012 i got married.After marriage i got to know that she got married already before my marriage.but have document to prove it.she stayed 5 Days in My Home. we tried to settle this matter but they were asking huge amount.we havent agreed for that huge amount.she filed 498a on Aug 16th and DVC on Jan 2013 against myself and our family members.In her DVC she had mentioned that she left the my home on Jun 2012.

In her 498A she mentioned that we took 30 thousand as an additional dowry.

In her DVC she mentioned that we took 1 Lakh as an additional dowry and harrased etc....

one day in DVC Trail she had removed her magalsutra and came to court. my lawyer had informed Judge and the same thing have noted.now the DVC is in the final Stage.

My Question.

1. When can i file for Divorce now or should i wait for till DVC Judgement?

2. Is she eligiable for Maintainance?(we dont had any s*xually relation)

3. After DVC can i file deformation or should i wait till 498a Judgement ?

Regards,

Kiran

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2 Replies

Suri.Sravan Kumar (senior) 11 August 2013

U can file divorce petition against her. You need not wait for the decision of the court.. If she is unemployed she will be entitled for maintenance. you have to wait for the judgement for defamation case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 August 2013

Dear Kiran

My opinion on your queries are as under

1. When can i file for Divorce now or should i wait for till DVC Judgement?

Opinion: you can file divorce case any time, i dont think so that it will be better for you to wait till the judgement if there is no chance for reunion.

2. Is she eligiable for Maintainance?(we dont had any s*xually relation)

its depend on the facts and allegation, if she is unable to main herself or not?

3. After DVC can i file deformation or should i wait till 498a Judgement ?

Opinion: for filing Defamation case you should wait till final judgement of case.

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