Legal Question in Family Law in India

Dear Ld. Friends Its been almost 2.5 yrs my wife left me with my daughter on 07.09.2010 when my daughter was only 3.5 years old .

After 6 months of leaving me I got served her summon on March 2011 under Section 9 Of HMA RCR to call and join back her matrimonial home in return of which she filed false complaint against me in women cell on 16.08.11 i.e. almost after 1 years of leaving me & which further got converted into FIR under Sec. 498a on 14.03.12 after unsuccessful mediation between us in the women cell .

On September 2011 I filed another petition for Custody of my daughter under Guardianship ACT. and later on she also filed false DV and Crpc 125 case against me on September 2012.

Now I came to know from my sources that she is now been thinking and preparing for to file divorce from me on cruelty basis. Now even I m also thinking over to divorce her due to filing of false cases against me.

So viewing the above said My Questions are as under :

1.Will it be worth at this stage to withdraw my Sec.9 case and go ahead to file for Divorce against her on cruelty basis of filing false cases against me???????? or should I wait for her to firstly file the divorce case on cruelty basis against me...????????????? Which action would be more in favour of me...????

2. Viewing the above mentioned dates whats the status of my case in my favour ...????

Pls help me out for the abovesaid

Regards :Aman


Asked on 5/12/13, 3:50 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Is seems you are not concerned about the FIR against you. You must file divorce, but at the same time be open for compromise with your wife. It will be better if you compromise and file divorce by mutual consent u/s13B wherein FIR would be quashed also. To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/13513

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Answered on 5/12/13, 10:51 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

as advised earlier, you may seek legal opinion in person.

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Answered on 5/13/13, 6:14 am


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