divorce by mutual consent
attenuator
(Querist) 09 March 2010
This query is : Resolved
Dear Experts,
We got married in august 2008 according to hindu traditions, but since september 2009, me and my wife have been living separately. She for without any reasons is living with her parents now. The reason I suspect is that she wants to be in close company with her former boyfriend which is not possible in her in-laws home. I came to know about their affair when I saw romantic messages in her cell phone sent by him. Although I could have filed for divorce on the ground of adultery, but I feared that she might file a false 498 against me and ruin my career. However, on February 22nd, she did file a fabricated 498 A petition in a PS, but the CI there was quick to realise this and no FIR was filed against me as both the parties have agreed for a settlement amount and divorce by mutual consent. I have a few queries in this regard:
1. Is mere filing of 498 a petition (and not FIR) in a PS enough for hindering my travel abroad in future or in creating any problems in me getting a decent job in India (I'm a doctorate from abroad).
2. Although the girl's family has agreed for mutual consent divorce, do I need to take any precautions so that I'm not harassed by them again as I do not trust them at all at this stage. Please advise me what all has to be done to avoid any hassles in future!
3. Even after getting a divorce decree, is it possible that the other party can still file some fake cases against me ? If so, within how many months after divorce?
4. From the date of divorce decree, when can I get legally get married again ?
5. As her cell phone is still with me as an evidence, what would be the ideal period to return it to her, that is whether after filing for mutual consent divorce or after getting the decree. Please advise me so that me and my family can overcome this turmoil!
Thanks in advance
Raj Kumar Makkad
(Expert) 09 March 2010
In the given facts, I advise you to take some middle person who shall settle the things as mediator and shall executed the things. After mutual consent decree of divorce there is no possibility of filing any fake case against you and mere filing of 498A case is not sufficient to obstruct you to visit abroad if court do not restrain you.
