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Mudassar Shaikh   21 November 2015

Process in 498a & Divorce

I got married on 9th May 2014 via arrange marraige by Nikaah. After 9months, my wife filed for 498a & other criminal charges against me & my entire family on 10th March 2015. Bail is granted, Charegsheet is filed but case has not yet even started up. 1) can wife file for divorce along with 498a & other criminal charges going in d same court? 2) can divorce proceeding will run simlutaneously along with 498a or divorce proceeding will start only after 498a is over? Pls help, need expert advice on urgent basis...


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 2 Replies


(Guest)

yes she can.Civil and crminla jurisdcition are separate. Civilis always superior. But in case 498a is proven, it will become reliable evidence in divorce case too and it will be summarily decreed against you. Regarding other matters your muslim personal will follow.

Laxmi Kant Joshi (Advocate )     21 November 2015

Yes she can file divorce on the ground of mental cruelty and harassment, both criminal case and divorce case run simultaneously .

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