Raj Thakker (Executive) 02 March 2016

Divorce

Hello,

What are ground on which wife can file divorce in india??

she can put 497 on husband??

she can put 498??

what proof she need to prove 497 or 498??

As Far as I understood only husband can file 497 and not wife , could you please give the correct answers, becuase its mention that wife cannot file 497 but she can Apply Sec 13(2) of HMA which is civil one and not criminal one.

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4 Replies

saravanan s (legal advisor) 02 March 2016

What is that you exactly want to know from us

Vijay Raj Mahajan (Advocate) 02 March 2016

Yes criminal complaint u/s 497 IPC can be made by husband against any man who without the consent of husband indulge in adultery with his wife . Wife can only file divorce against husband for the ground of his adultery with another woman. Section 498a IPC is for cruelty by husband towards his wife. Cruelty is also ground for divorce both for husband as well wife against each other.