Wife has filed 498A and DV case, how to file a divorce case? Wife has filed 498A and DV case, how to file a divorce case?

2 years ago

I have already filed H.M.O.P case on March, 2021 for consequential rights. But my wife was filed 498A and DVC Case on April, 2021 and July, 2021 against me. Further I know that, she will again plan to file another case. Now I am vexed and plan to apply Divorce, because my wife leaved and go to her home on 27-12-2020. Further I have filed case against my wife at Local District Court or High Court. If it is possible. Kindly given instructions to propagate my life.

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.When you have already filed a case for restitution of conjugal rights then during the pendency of this case you cannot file divorce without withdrawing the present case. So, if you want to file a separation case then first withdraw the current one. Secondly you do have a good ground of 498A and DV causing mental cruelty to you which can be formed as the ground for divorce.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconWrong address
Dear Madam, You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
question iconlive in relationship
Dear Client, Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...
question iconNRI fraud
Dear Client, it is prime to establish that there was a marital relation between you 2, if married then you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police...
question iconSpouse having affair in her office
Dear Sir, Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.
question iconDivorce
Dear Client, In the given scenario, when your divorce petition is sub-judice before the Court, you can serve a strong legal notice to your husband to refrain from defaming your name in society or at y...