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Cupid Cupid (CRM)     12 August 2012

Can wife file 498a against me after i file divorce petition?

My marraige is less than a year old and has been solemnasied as per hindu marriage proceedings. However, my wife does not seem to ready for s*xual intercourse and has been pushing me away all this while. Post the initial few days, I went to another city (where I work) and she lived with my parents. She does not treat my Mother well. I had informed her last week about my visit to home and asked her to come down as well. Also informed her that either the same day or the following day I would take her with me to the city I lived and work. However, she did not arrive and only her brother came to visit me. She never even caled me! I have decided to either file a petition for Annulment or Dviorce. Some of the lawyers did says that I could not unless it is a year old wedding; however, they also mentioned that I could under certain hardships etc..  Please note, I have had a call with her last week where I asked her if there was any violence / harassment on her while she lived with my parents. She said NO - and this has been recorded.

Experts here, please suggest if my wife can file a DV and / or Dowry case (498a) against me post I file annulment and divorce petition?

If yes, will my family and I will be arrested immediately? How will the law look at the alligation of 498a post my lawyer sends her the divorce / annulment notice to appear to court?


Experts, please advice. Thank you :)



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 August 2012

If she files 498A you can apply for the anticipatory bail to avoid the arrest.  In DV act there is no necessity of bail because it is criminal miscelleneous case.

To file divorce petition it requires grouunds mentioned in the Hindu Marriage act.  If there is no grounds they you cannot file divorce petition.  Even on the ground of desertion it requires two years gap.


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