Legal Question in Family Law in India
When I filed divorce petition against my wife on the ground of �physical cruelty, mental cruelty & deserting of husband�after that she filed case against me U/s 24 as (Pendante Lite the cost of litigation expenses) and U/S 125(maintenance charge) in her petition she blamed me & my other family members also. Now I want to know that what type of other cases can she filed against me or my family members? My lawyer says to me that after divorce case the Opp. Party cannot file 498a case..lawyers says that there is no law about it. Because I firstly put up the divorce case in court.(before divorce case there was no FIR lodge against me from Opp. Party). We have been living separately since 25.08.2012 till now and the marriage solemnised on 30.11.2011 When I filed divorce petition against my wife on the ground of �physical cruelty, mental cruelty & deserting of husband�after that she filed case against me U/s 24 as (Pendante Lite the cost of litigation expenses) and U/S 125(maintenance charge) in her petition she blamed me & my other family members also. Now I want to know that what type of other cases can she filed against me or my family members? My lawyer says to me that after divorce case the Opp. Party cannot file 498a case..lawyers says that there is no law about it. Because I firstly put up the divorce case in court.(before divorce case there was no FIR lodge against me from Opp. Party). We have been living separately since 25.08.2012 till now and the marriage solemnised on 30.11.2011 as per Hindu law. The case is still running in court. My next hearing fixed on 03.05.2014. She already filed cases against me which is mentioned above, now if Opp. party wants then that type of cases file against me & my family members.. I do not know what will happen, because I am a poor boy, my economic condition is not very good. In this case I want your help. My wife, my father-in-law & mother-in-law they are very ferocious and there relatives are also involve in this case. They want to ruin my life.
2 Answers from Attorneys
Trust your lawyer do run here and there. why stayed only 9 months with u?
498A may be filed but it will have less weight now. If she files, you can fight. There is no point in pondering over that. You should better concentrate on divorce petition because this is the only relief you can get.
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