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498A_fighter (NA)     07 May 2014

Divorce

Dear Experts,

 

Wife fillied the  498A which is pedning for trail and recently i have fillied the divorce on gounds of cruelty. but wife says in councelling, i am not intrested in divorce and looking forward for living.but i am not intrested to take here back which very clear from my side.could you pls advise on the better approach to get the divorce what if she is not agreeing for divoice.will there be any chance to get the divorce?

thanks in Advance.



Learning

 12 Replies

Tajobsindia (Senior Partner )     07 May 2014

1.    One seeks divorce based on ‘quality’ of allegations read with ‘grounds’ that one pleads and not left with mercy if other spouse is agreeing to allegations or not.

2.    Patience is key, if she has patience to continue Complaint case then you also keep patience to press for divorce why dependent upon whims and fancies of wife who one side keeps a Complaint case alive and in civil mediation says wants to cohabit with other spouse! Does it not smell of her malaises sinister schemes?

3.    Seems both of you are not meeting enough in Court corridors! A fighter is one who not only fights false allegations but presses his civil lawsuit allegations to seek Divorce; is it not true J

{Last reply}

IKGoyal Advocate (Legal)     07 May 2014

For you, it is better to live a reconciled life than to have a lingering court battle. She has initiated an unwarrant case against you, yet she is submissive to lead a life of better-half. Leave apart your anger, think about the days of your marriage.

Adv k . mahesh (advocate)     07 May 2014

We respect the pain you have gone through this 498 and to make her come back after all the pain but if she wants to rectify her mistake out of it then give a better chance 

Gautam Kapoor (IT professional Studying Law)     07 May 2014

If the allegations in 498 are false never reconcile with the lady,atleast for your loved ones.Since you have already filed for divorce on cruelty grounds pursue the case wigh full vigour.Counter the long dates asked by the opposite lawyer and press for speaking order if they do not present counter.If she does not agree for divorce (could be a ploy to strenghten her 498 case), the court cannot enforce you to stay together.All will provide on the material evidences you present to the court showing her cruelty).

Biswanath Roy (Advocate)     07 May 2014

It appears from your query that your wife might have due to provocation/instigation from some unknown corner filed the complaint against you u/s.498A IPC.  if she does not agree to your proposed Divorce you may start a dialogue with your wife directly to sort out the problem and hindrances and after ethical decision both of you may withdraw your cases against each other.

Gautam Kapoor (IT professional Studying Law)     07 May 2014

while Esteemed Mr.Roy has taken a line of respected circumspection-My line will be that code of ethics demanded her not to file a false 498 case on you in the first place.If she is indeed repentant her first action will be to take back the 498 case... that will be more ethical to start with ... in my honest opinion.Then take reciprical actions.

K.K.Ganguly (Advocate)     07 May 2014

1. Wives agree for divorce in cases of Mutual Consent Divorce only,

2. In case of divorce suit filed by one, the other side fights against the suit,

3. In your case certainly your wife will contest your suit & whatever you have mentioned therein & you shall have to fight it fittingly with all your evidence in support of the grounds based on  which you have filed the said divorce suit.


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Saurav (Engineer)     08 May 2014

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Solomon Raju (Advocate High Court of A.P.)     08 May 2014

Please follow the suggestions of Mr. Goyal and Mr. Mahesh....better give her a chance to rectify...but before that clearly discuss the problems and how to resolve them in future....not by filing 498A....

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

You have been provided with another opportunity to save the sacred institution of marriage between you and her. If the bitter experiences of the past are reconciled and you are ready to admonish her unthoughtful act of the past, I think you should better think of your future and the marital voyage which stands disrupted due to some silly and petty reason in the wear and tear of the routine life.  Consult with the elders of the family, taking an assurance from her as well as from her parents, take her back and start afresh the matrimonial life without keeping any thing of the past in the mind.

Gautam Kapoor (IT professional Studying Law)     09 May 2014

last reply on this thread.Take the advice from Mr.KS ...pass the same  message to her... that the sacred institution of marriage should not have been spoilt by her false 498 allegations (owing to her submissive nature after filing false 498 from unexpected quarters).If she truly is repentant and LOVES you she will have no hesitation in taking back the false 498a case whatever be the consequences irrespective of what it takes to do so.If she takes this step you can truly confide in her and you both can abstain from proceedings...This will be the correct step...Talk to her ..What will be more better than this..


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