Legal Question in Family Law in India

You cant file divorce petition along with 498A. Because 498A is a criminal section and for it a complaint is required and always filed in criminal court. Family courts deal only with divorce petitions and not with criminal cases.

Allfine Lexis

I think Rahvendra could not undersatnd your question properly. There is no bar in law to file divorce. 498-A is independent of divorce proceeding. dowry harrasment is an offence which has already been committed and case has already been registered and it will not hammper your prospect if you want divorce.It is not clear from your question whether you are a husband or wife. i have replied as if you are wife. if you are husband even then you can file divorce seprately.

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yes

It may better if you first file your complaint u/s 498-A and consider filing divorce after challan is filed by the police in court in this criminal case.