Legal Question in Criminal Law in

i am facing 498-a, 406. Already giving maintenance u/s -125 @ 1500/- P.M.. Another cases u/s - 405, 406 is running. one case u/s-9 is also filed by my wife yet to be received notice/summon, and one case u/s-18 hindu adoption and maintenance act is also going on. we have no kids. She didnot want to come with me and don't want to get divorce also. (but this is not telling in court). What should i do? can i file divorce case. i am an govt. employee. They reside in maharashtra and we reside at rajasthan. pl. suggest. what should i do?


Asked on 2/09/11, 10:32 pm

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

yes you can file divorce case in court

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Answered on 2/10/11, 3:59 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

a) You may consider filing a divorce case at the same place where she has filed her case for maintenance under H.A.M.A.

b) The amount of maintenance will be clubbed. If Courts decides to award her maintenance under H.A.M.A. or H.M.A., you may seek dismissal of case u/s 125 Cr. P. C.

c) You should make serious efforts for a one time out of court settlement and try to avoid litigation.

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Answered on 2/24/11, 2:48 am


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