• 498a

My husband tried to kill me and my son according to his plan...but was unsuccessful...i left him 4 yrs ago.,..he blackmailed me for divorce...now can i file divorce under desertion ground and gt single sided divorce? i have done 498A also but no use...will he give some money out of his multimillionaire status to bring up my child??
Asked 2 years ago in Criminal Law from Ahmedabad, Gujarat
You can file divorce on the grounds of cruelty,desertion etc.but it would be contested divorce which may takes a few years. better you file DV case as advised earlier and bring him to your terms for settlement and MCD.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. Here he has not deserted you but you have deserted him. So, divorce suit from your side  on desertion ground will not lie,

2. Rather, file a divorce suit on the ground of cruelty,

3. File application for maintenance u/s 125 of Cr.P.C.,

4. You will certainly get alimony if you get the decree of divorce on the stated ground.
Krishna Kishore Ganguly
Advocate, Kolkata
12723 Answers
262 Consultations
5.0 on 5.0
File a case u/s 10 of Hindu Marriage Act, 1955, for judicial separation,u can file a case under DV Act, and a case u/s 13A Of Hindu Marriage Act. You can claim maintenance u/s 24 and 25 of Hindu Marriage Act for maintenance pendente lite and expenses of proceeding along with permanent alimony and maintenance.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
Dear Querist 
You can file contest divorce against him before district court under section 13 of hindu marriage act along with an application for penrelite maintenance under Section 24 of Hindu Marriage Act.
And file an application for alimony under section 25 of Hindu Marriage Act. 
You can file a maintenance case against him fir yourself and for your child
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3639 Answers
138 Consultations
4.9 on 5.0
File a case u/s 10 of Hindu Marriage Act, 1955, for judicial separation,u can file a case under DV Act, and a case u/s 13A Of Hindu Marriage Act. You can claim maintenance u/s 24 and 25 of Hindu Marriage Act for maintenance pendente lite and expenses of proceeding along with permanent alimony and maintenance.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
you can file
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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