ashish shukla 01 June 2018

Divorce filed by Husband and thereafter False 498a and 323 Filed by Wife

i m from Ludhiana. My wife living separately from me for more than 3 years. She lived with me for just 11 months after marriage. During these 11 months her behavior was very cruel to me. So after 4 years of marriage , In 2017 I filed divorce petition on ground of desertion and cruelty. Then after this my wife filed false 498a and 323 against me. She also filed 125 and 24 sections. I was called upon by Women cell and Mediation center. They did inquiry and girl's complaint was proven wrong. Then she moved to high court and filed writ petition to re inquire the matter and basically trying to lodge FIR against me. On the other side She also filed section 9 against me. Please let me know what should I do and can I get the Divorce in these circumstances?

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10 Replies

Vijay Raj Mahajan (Advocate) 01 June 2018

Common problem and facts in most such cases match your facts. Will you get divorce will depend on the evidence you produce in the court proceedings with regard to cruelty and desertion. The circumstances showing that wife has been filling criminal complaints against you in defence of your divorce proceedings will go in your favour as that will help you in your case arguments.The wife who is unemployed, has no sufficient means to maintain herself is entitled to maintenance from the earning husband. The applications u/s 24 HMA and section 125 Cr.P.C will be decided on the basis of financial status of both parties.

satnamsingh 01 June 2018

file domestic violence from your mother on her

ashish shukla 01 June 2018

sir wife is separate from last 4 years then there will be no benefit if filing DV from mother

satnamsingh 01 June 2018

if 498a and 323 is their PLEASE go for quashing in high court.

ashish shukla 01 June 2018

Yes satnam sir. When allegations of girl is proven wrong then she filed writ petition in High Court because women cell report was in my favour. I m fighting in high court also to Quash that Writ under 482 cprc. One thing I found beyond logic is that girl want to Lodge FIR against me and at same she filing section 9 to rehabilitate. Please explain this in brief.

satnamsingh 01 June 2018

Stupid girl want money only . HMA 9. And 498 has no combination. She also want live and also ask for harrasment. This case of 420 . I think don't wait results of court cases. Go to lok adalat. Ask them to settle alimony. Sell some Property and pay her and get rid from her.

satnamsingh 01 June 2018

I am also from Ludhiana.

ashish shukla 01 June 2018

yes sir, but they are not demanding money directly for settlement. they want to harass me and then in future they might demand more money

satnamsingh 01 June 2018

I think try ex party divorce. Currently running divorce case take it back and give positive response to HMA 9. After one week again reopen HMA 13 . But in secret mode. Do not give summons. Advocate will arrange . First 2-3 summon will be stoped. Then notice will publish in News paper . Divorce degree will be granted. Keep it secret for 90 days or one year. Now you are free from her