Rajesh (SE) 09 May 2012

Divorce and 498a

i am facing 498 A from last 4.5 year and already paying maintance .

and i have filed divorce case last year in march on cruely ground.

both 498A and divorce case are on evidence

and she is reay to came back but i want divorce

is 498A is help full to get divorce wheater she dont want

because she is not ready for mutual consent.

What i do and how much time court more take to decession out of 498A

Thanks

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2 Replies

Anjuru Chandra Sekhar (Advocate ) 09 May 2012

When wife made wild allegations against her husband and his parents, it did amount to mental cruelty on the part of wife. Divorce granted. Swarn Kakkar V. Gulshan Kakkar, (1988) MLR 63 P&H High Court. Allegations made under Sec.498A can be termed as wild allegations if they are proved to be false and the accused is discharged before trial or the accused is acquitted by Court declaring the accused to be innocent. In such cases, he is eligible for divorce on grounds of cruelty.