When is a good time to file divorce?

for divorce there should be reasonable ground.  Dv and 498a is not a ground. 

Mr Rama read this one https://www.ndtv.com/article/india/false-case-against-in-laws-ground-for-divorce-court-20270

Absolutely yes, false DV and false 498a are very very very strong grounds for divorce. there are many judgements on this.

We try to approach the question from the wrong end. 

WHEN IS THE RIGHT TIME TO FILE DIVORCE?

The answer is a simple, when you think you are ready for divorce and also ready to take on another litigation. 

ON WHAT GROUNDS SHALL I FILE DIVORCE?

On the available ground, don't wait for acquittal or anything. Mere acquittal is no ground for divorce. Only if the acquittal is on the basis of false FIR, then it becomes a ground for divorce. Any lawyer worth his salt would tell you that most acquittals are based on lack of evidence and it is not mentioned that the prosecution was false.

Regards,

The view of Mr. Shonee Kapoor is good and I agree with the same. 

Besides, you can also take a ground for desertion as she is not living with you.

Hello Experts, Thanks for your inputs. Mr Kapoor, even FIR is false because it has some illogical points. I wanted to know one more thing which I now feel is correct. The girl is suffering from Boderline Personality Disorder,which unfortunately I could only conclude after marriage. We did talk about it to her mother and she blamed us to make her daughter mad. How would you interpret if girl's naani tell you after marriage - Beta iska gussa bada tez hai.. jab aaye to tum kuch nahi bolna ek dum alag ho jana or jo kahe maan lena.... In fact before this even... her anger triggered in front of her mausi where she was literally throwing my stuff out. Her mausi whatever she was saying kept on agreeing to her instead of confronting her.

She has very strong symtoms like:- Unstable, intense close relationships, marked by mistrust, neediness, and fear of real or imagined abandonment She keep on changing her jobs. 

She can not hear no in any form. And if you confront then she might even kill herself or you. Read - https://en.wikipedia.org/wiki/Borderline_personality_disorder

I am investigating if she was being medicated for this before. But I know its hard to prove. Any suggestions on this?

Why do u want to make it easy for by filing divorce? By giving her divorce, she can go ahead and get married and you will continue to fight the cases...if u do remarry, do you think ur new wife will be happy with the fact that you are fighting your ex?

Dear Q Slinger,

Good character and values speaks for themselves. I dont want to associate my name with her so divorce is necessary. Not sure If I want to marry again. I will file counter cases to get justice and not revenge.

Then the petition has to be drafted carefully.

Rather than putting an omnibus allegation that she filed a false 498a and DV, state the points which you can conclusively prove wrong and false in that complaint.

Also, I like your attitude of not being mad with revenge alone.

Dear Mr Kapoor,

Sure. I will discuss the points with Lawyer. Already there are many points like that. I might need more investigation on that. For example she claims that she used to visit my parental house during the weekends, but the fact is that she had office over weekends and she was living with me in Gurgaon. I need to have those documents from her previous office to prove that her allegations are baseless. 

The Gurgaon complaint which showed their intention of filing case from Ghaziabad, is another proof. I have filed RTI into Gurgaon police but no response yet.

Thanks for your advice.

Also, if she does mention that you have filed divorce to your 498a judge, he might look at it as that you were harassing her for dowry and now you want to get rid of her.

in our SIF meetings, there is one thing we drill into new members heads to not to file for divorce. Make it as hard as possible for her so she will withdraw her cases because she is loosing age etc. 

Mr Q Singer,

Thanks for your advice. But judge is also aware why cases are filed and which one is a genuine case. While filing divorce, I would also include about the emails which she wrote me hardly a week before where she has asked for divorce. Not just once, many times. So it is both ways. Moreover in my case the chargesheet is already there now. So if the girl is pulling the husband and the entire family into false cases, and asking for 40lakh INR in the mediation for withdrawing the cases, I dont see they are even women. You know what I mean who they are. :)

I do not agree with your point of forcing her to withdraw the cases. Dont advice people to let the cases to be withdrawn.

Encourage them to fight for justice.

There is no point of not filing divorce when someone has pulled you to Court just for showing their anger. Just Teach them a lesson of their entire life.

Moreover, even if judge have a soft corner for the woman, then the woman needs to produce medical, and for dowry, produce strong proofs when and how dowry was demanded. Within 5 months of marriage how all that can happen? In my case the girl is extremely poor and her mother was even left out by her father. So she does not have her own house. We showed a human gesture and being penalized for being human.

There is no merit in what Mr. Q said. It is only perception of a litigant.

Regards,