Legal Question in Family Law in India

Hi,

I am a 28 year old young working women. I got illetreatment at my in laws house. Afte 1.5 years of married life, i filed a 498a case against my husband and in laws. No i have 2 points to discuss.

1. How much time it will take to start trials. Polica informing me, there is not need me to go to court for 1 year. But i doubt it is not true. If my husbad file either RCR or Quash application before hight court, will i come to know the fact or it be decided based on 1 party arguments.

Generally when a girl needs to appear before Court after filing 498a case.

2. Now i want to apply for divorce. it is been almost 3 month over after filing 498a case. If i apply for divorce or sent lawyer notice for divorce will it affect my 498a case. I mean will it weekens my 498a case.

Need ur valuable suggestion.

Thanks nad regards,

Sowmya


Asked on 11/09/10, 4:24 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. You may need to appear in the court personally until a Police Report (u/s 173 of Cr. P. C.) is filed by the police before the court concerned. You may file appropriate application before the court for expediting police investigation, if you find that the police is not taking appropriate steps or that the investigation of case is being unduly delayed. The occasion for you to appear before court would arise only at the time of producing 'Prosecution Witnesses" before the court.

2. You may apply for divorce at any time. Your divorce case will not weaken your 498A case.

Keeping into view the fact that you do not intend to live with him, it may be better for you to make efforts for reaching an amicable settlement and solve the entire matter out of court.

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Answered on 11/09/10, 6:50 am


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