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Author Topic: Can I file a Divorce  (Read 266 times)

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Offline sudev

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Can I file a Divorce
« on: September 20, 2016, 09:08:48 AM »
My wife had left me just after 40days of marriage. My wife had left from my residence suddenly without informing anyone and we had also filed a missing complaint at that time and the local police also had called her brother to get back still she did not return. Even after attempts asking her to come back she has not returned and staying with her family. Now its already 1yr 5 months to marriage and 1 yr 3 months staying separately. Now she has given a written complaint in police station and i was called for counseling in the police station. They are asking to make a one time settlement of 40lakhs to which i denied.
Can i file a Divorce at this stage as no FIR of DV or DH has yet been filed?
If i file a divorce would i need to pay a heavy maintenance or one time settlement like 10-30 lakhs as threatened to me by police?
Also we have bared all the expenses of marriage and have not taken any dowry during marriage, would we still be penalized for Dowry harassment?

Please advice!

Offline advjaibansal

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Re: Can I file a Divorce
« Reply #1 on: September 20, 2016, 06:18:15 PM »
Dear Sir,

You may file for divorce now as there is no bar that there has to be a DV or 498a case pending against you for filing divorce.

You may not be made liable to pay any other amount, except monthly maintenance to your wife if she files any maintenance and not working.

jai bansal
Advocate, New Delhi
Supreme Court of India
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