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Author Topic: what should one do, filling Divorce or RCR during pending of 498A  (Read 2190 times)

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Offline advuma

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Filing for RCR would be wiser than filing for Divorce in my opinion.

the standard procedure mostly adopted by wives are as follows:
1) First file 498A
2) and then CrPC 125
3) then DV
4) and if asked what is the reason for staying separately they say that dowry harassment is the reason for staying separately.

this leaves the court with no other option but to grant interim maintenance under CrPc 125 pending 498A investigations.

 once you are acquited in 498A You can file for Divorce under mental Cruelty and get it quite easily.

further more u can also file discharge application under Section 239 of CrPC before framing charge against you or under Section 245 of CrPC at any stage of the proceedings.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

 

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