Harsha (Lead) 15 January 2014

498a filed 1 year back, no progress in case

My Wife has filed 498A and Domestic violence case against me and my parents on 23rd March 2013. It has been almost year she left me. case has not moved to court till date. Luckily got anticipatory bail and we r safe.

she has tortured me and family to an extreme. Because of her my mother went to depression and she has undergone heart operation during March'13. situation is is turning to be critical day by day.

she n her family is not ready to sit for any discussion or settlement. she is planning to fly US and sue me.

I want to end the relationship with her. Is it possible to apply divorce case in court, though there is a 498A against me?

what would be the best way to come out the relationship?

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(Guest)

Yes, you can file for divorce now itself. If she is planning to go abroad indefinitely, then you may also get ex-parte divorce. If she wants to contest the divorce petition, you will get divorce based on mental cruelty meted on to you by her via 498a case and DV case, but that will take minimum 6-7 years. Easier way to get divorce would be to apply mutual consent divorce, if your wife gives consent for divorce, the you will get divorce in 6 months. If she wants hefty money from you for your freedom, then arrange for talks with her family and settle down the matter by paying her money. If you dont want to pay her money and get divorce [remember, in contested divorce too you will have to pay her money even after getting divorce, if she is not a working woman] then fight the 498a and DV cases, and thereby you can prove mental cruelty which is a very good ground for divorce. You can also file perjury case against her for putting false 498a and DV case, imprisonment for which may extend up to 5 years and 50000 fine.