LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pariksheet (HR Associate)     12 June 2012

498a help

Hi,

I got married last year and got separated from my wife only after 1 month of marriage. Since then she is living with her parents. Now my wife is demanding a huge amount for a mutual divorce that I cannot afford.

-- Is there any time limit,(separatation, date of marriage) only after which I can file for a contested divorce?

-- Its been 6 months fortunately my wife has not filed for a 498a case but she keeps threatening me to do so, is there any time limit upto which she can file for 498a case?

Please help.

Thanks,



Learning

 3 Replies

Arjun Gupti (Business)     12 June 2012

SHE CAN FILE A CASE ANYTIME, so teri to lagg gai mamu. Anyhow you can still fight. Start gathering proofs i.e. record her phone calls when she threatens you, try to record your conversation with her when if you get a chance to meet her or her parents, DO NOT FILE FOR DIVORCE. Go to your police station and file a complaint against her and her parents stating that girl has left your house taking away all her jewelry and his brother (or parents) are forcing you to file for a divorce else they will file 498A. This will make your case stronger in case she files 498A afterwards. CHEERS

Pariksheet (HR Associate)     12 June 2012

Thanks Arjun.

I got your  point but why are you saying that i should not file for a divorce? I want the process to get started as soon as possible. Do we have any minimun separation period or duration after marriage after which I can file for a divorce? Nobody is forcing me to file for a divorce, i just want to get rid of her at earliest.

Arjun Gupti (Business)     13 June 2012

Boss, I know nobody is forcing you. But 498A is all about lies and everything is fair in war.. so if she is threatening you, she will definitely file 498A and you will be in trouble. Try to settle the case, however if she or her parents are bent upon making your life hell, you can file a fake complaint with your local police station stating that she has left your house and has taken all her clothes and gold with her and her parents are forcing you to file a divorce. So if she files a fake 498A afterwards, your case will be strong. 

DO NOT FILE FOR DIVORCE (until she files 498A) as our stupid LAW will treat you as somebody who does not want to stay in this relationship and this will weaken your case. LET HER FILE FOR DIVORCE. Also make sure you do not have any property in your name as that girl can claim a part from that as well. Get advice from a good advocate and you should be fine. Remember - the  best way to defend is "attack". Cheers.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register