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ansh   09 April 2015

498a vs Divorce need suggesion

Dear Experts, My wife filed 498a 1 year back in her native place (chattishgarh). After marriage we are leaving with my parents (mp). We also have a baby child of 14 months old. After marriage i lost my job due to recession. After that i dont get any job. my wife dont want to live with my family, i think thats why she does all this thing. I have solid proofs for all her false allegation. If i file for divorce at my native place on the ground of cruelty and dessertation, can this backfire on my 498a case. Currently no maintainence is awarded.


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 10 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 April 2015

Sir, Better sit and settle the matter.... If she doesn't agrees and create issue then file cruelty divorce .. Warm Regards Kapil Chandna Adv 9899011450

ansh   09 April 2015

Thanks sir for your quick replay. I am sure that she is not ready for MCD. In that case what can i do. I am ready to fight 498a case on merits. 498a case runs for 5-7 years and after that i apply for divorce which takes next 2-3 years. This is indian judiaciary system.

ansh   09 April 2015

Applying Divorce in same court or at my native place which is benificial.

sandykrish (Interested in Family LAW)     09 April 2015

Once she applies for 498A you apply for divorce the changes for mediation and settlement for MCD will be on the higher side. Most divorces cases are court settlement. Since you mention that you have a baby try to reconcile if the demands are reasonable.

ansh   10 April 2015

@ sandykrish Actually my wife is not ready for MCD. Now she wants to come back but i dont trust her anymore. I only want my child. So i am planning to file divorce on cruelty grounds in madhya pradesh. Ek na ek din to divorce ke liye apply karna hi hai so why wait for 498a accquital.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 April 2015

Ansh,

  1. Don't  break the religious nuptial knot for minute misunderstandings.That will ruin not only UR lives but also the child's. Right through U have been that  she will not reconcile for a reunion. When she wants to come back why don't U give her a chance for the sake of UR child. I presume U have never tried for mediation or counselling. That will certainly help both of U. This is my sincere advice .

ansh   11 April 2015

@ sainath This is my case details as i earlier posted. https://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=117326&offset=0 Jo bhugat ta hai wahi janta hai. Sainath i know u r giving me suggesuion for the sake of my child but how i can manage to live in a same roof with her when i dont like to see her face in my life time. Before FIR i tried my level best for compromise but the outcome was only negative responces and threatning to file false cases like attempt to murder of my own child b/c it was a baby child and my baby was suffered by NEC and aasplung deasesse by birth. This is only one allegation (aur kya kya batau). In this FIR she filed 498a against 4 members not included my parents name i dont know what is the politics behind this. My didi jijaji arreseted and released on regular bail. Me and my sister got AB. If i forget all this past things then what is the gauratee that she not doing this things again and what if she included my parents name also. When i lost job she desserted me saying that i cheated her i dont have any job and now we all got bail and her father was terminated one month back under corruption charges than she wants to come back wow... Sir i can raise my child alone but not with her this is for sure. Me sahi hu ya galat i dont know but i cant risk to my parents life.

ansh   11 April 2015

Sir what is the use of mediation or counsuling after 498a. According to her my family is a criminal then why she wants to live with us.

ansh   12 April 2015

Sainath, minute misunderstanding does leads to 498a, there is definetely a very bad intention behind this. Experts please give advice what is the effect on current cases 498a and 125 case if i apply for divorce in my home town.

SAINATH DEVALLA (LEGAL CONSULTANT)     08 June 2015

Mr.Harassed Guy U have intruded into this query in a very indecent manner and UR vocabulary is objectionable.


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