can we apply divorce or wait for them to apply?
Hari_Narayana
(Querist) 03 July 2011
This query is : Resolved
My wife exactly after 1 year filed 498a, 406, 420 cases of 3,4,6 DP act.
She dragged me to the police and court. Actually the problem is with phone calls, SMSes or chattings with the girls. prior and after marriage but no proven illegal affairs.
but there were chats/emails which shows we shud definitely have had sex.
Apart from this regard, there is no harassment to that lady from any body in my family.
Actually we both are working in private IT organizations. so can i file divorce or shall i wait for divorce from her side? what are the pros and cons if i file from my side? except chattings, emails, frends pics there is no proof from her side.
Raj Kumar Makkad
(Expert) 05 July 2011
It is not proof rather it is a confidence on each other which works in marital life. You should have seriously thought and might have changed your old habits. After marriage you should have wn confidence of your partner raher of your old friends. Anyway, still you can do so and can talk to your wife and may promise to mend your ways otherwise there is no possibility to get a decree of divorce from your side rather your wife have strong proofs against you.
Hari_Narayana
(Querist) 05 July 2011
Raj Kumar sir, I strictly agree with your words and you are absolutely correct.
But the fun actitivity had lead to serious things and ruined my marital life and made her to lose the faith in me. She was examing me from months which i didnt noticed. One fine day she kept a case on me which my old age parents and relations are getting affected a lot becoz of these cases. A male ego and fickle mind making me not to go for her any more.
On the other side, there is no channel or mediation to talk to her to convey my guilty. How can i send an email or SMS to her after she filed the cases 498a,406,420 IPCs on me? It will be another harrassment to her. right?
Hari_Narayana
(Querist) 28 July 2011
What happens if I apply for divorce immediately within 2 months of the 498a case? We both are private employees? and we dont have any children.
What do you suggest? What are the things to be taken care while filing for a divorce?