Legal Question in Criminal Law in India

dear sir/mam,

my wife is not staying with me, from more than 2 yrs. and now i want to file a divorce case against her, can she use 498a aganist me as we are seprated from last 2.6 yrs.

and what kind of legal right i have, as she not aloud to meet with my son, can i directly apporach to meet him, or i hav to file case for it. as there is distance of state, i am staying in diffrent state.

thanking you,


Asked on 11/15/11, 12:55 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

hire a good local lawyer and file divorce petition in which you can apply to the court for visiting rights for your son. 498a has got to do nothing with the divorce case. but if your wife agrees for mutual consent divorce she will have to withdraw cases against you and both can amicably setttle consent terms.

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Answered on 11/15/11, 1:36 am
a.manoharan a.manoharan a.manoharan

at any stage, she can use 498a against you with false facts ,if she is adornment .But when Divorce petition is pending , you can at least use the same as a defense for the subsequent unwanted events . as you are separated for the last 2.6 yrs , it is a good ground for divorce, if you are a hindu. Regarding to meeting you children, you can file interim application for the same and you may get possible order. But, you can file Divorce Petition only in the court where you got married or lastly where you have resided together

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Answered on 11/15/11, 1:40 am


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