Divorce
Kaushal
(Querist) 15 April 2012
This query is : Resolved
hi, i got married in 2004, have a three year old girl, in 2007 my wife file 498a in court & since then my family has been going through mental strainss..i want divorce from her plz advice
Shonee Kapoor
(Expert) 15 April 2012
If you want divorce, file for it.
498a would still need to be fought on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kaushal
(Querist) 15 April 2012
can she withdraw this 498a
Kaushal
(Querist) 15 April 2012
what is the process for divorce
Advocate M.Bhadra
(Expert) 15 April 2012
You can file a Divorce Suit on mutual consent with your wife in Family or District Court,if your wife would not agree then file a Divorce suit by your side on contest for cruelty and desertion grounds.A case u/s.498a IPC in not a compoundable offence,so your wife can not withdraw the case,you should defend the case.
Devajyoti Barman
(Expert) 15 April 2012
If your wife agree then go for mutual divorce else you have a long road ahead for a contested divorce case.
All the best.
Nadeem Qureshi
(Expert) 15 April 2012
Dear Kaushal
if you want divorce then file a divorce petition before court if she is agree then mutualy otherwise on cruelty.
she has right to withdraw her complaint at any time.
feel free to call
Shonee Kapoor
(Expert) 15 April 2012
She can not withdraw 498a except in Andhra Pradesh, for rest of the places, you have to go for quashment.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 15 April 2012
best is to convince your wife for mutual consent diovrce . if she does not agree then be prepared fpor long legal battle
Kaushal
(Querist) 15 April 2012
what is the process for quashment
Shonee Kapoor
(Expert) 15 April 2012
Based on the agreement you both approach the High Court for quashing u/s 482 CrPC.
The High Courts are liberally quashing 498a unless the agreement is reached by force/ coercion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 April 2012
कौशल जी ,
आपका उपयुक्त मार्गदर्शन किया है विद्जनो ने अब आप तदनुसार क्रिया करें .
Raj Kumar Makkad
(Expert) 15 April 2012
You have already engaged your counsel in 498A case so discuss the matter with him. He shall file divorce petition on your bahalf.
