Ashok (Software engg) 06 November 2013

Consequence? if i filed divorce case when 498a running

Hi.. Team,

My wife filed 498A In Chandrapur Maharashtra we are on AB. i filed RCR in Bangalore.

I am completely fad up with all this court matter and i want to free from all this case matter.

If I filed Divorce Now or After 1yr of RCR on ground on cruality of 498A

1. what is my Loss? what are consequence i may have to sufffer.

2. When Should i will be free legally from my wife.

Thanks,

Ashok

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1 Replies

(Guest)

Dear querist,

1. If you wanted to rid off from her then why you have filed useless RCR, see if you want to act on the advice of your advocate that filing RCR will safeguard you from 498a and criminal cases then you are wrong.

2. She can file any number of cases at any time as there is no written examination for qualifying for filing false cases.So,nothing protects anybody from filing false cases to harass anybody in India.

3. Now,if you want to get rid off from her then withdraw your RCR and file divorce on the ground of mental cruelty and desertion if any.

4. In RCR also she was entitled to get maintenance U/s24 HMA .So,filing Divorce also will not give you any extra maintenance cases.As you have to pay maintenance if she is not able bodied to maintain herself.

5.It's better to have a talk and ask your freedom cost from her,if that amount allows your pocket then move ahead or else contested divorce are worldwide not famous because it starts with family court but stops at SC if other party is hell bent to harass you.

6. But it is not said that follow your pain and get depressed by bad law of India in divorce procedure and women freindly laws. Engage yourself in your betterment as marrying a women doesn't says that you have adopted her and you have to think for 24 hrs for them only by ignoring all your fundamental rights even when they are crooked and wicked.

So,Follow your life and enjoy your life,let her do whatever she want's,let her file any false cases....you don't bother just make strategy how to collect more proof after her each false cases.

7. Once it is proved at evidence stage that all were of malign and malicious attempts to harass you then your way for contested divorce will pick up 6th gear and stop very soon after divorce decree.

Good luck.

regards,

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