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Rahul (Tele Caller)     24 July 2009

Need help to get DIVORCED

Hi,

I want divorce with my wife due to his abusive language with me , old mother & other family member. and wife and his familly member threat me to obey all the deemand which is conducted by their girl. She also said that she can file a 498 or DVA both on me and some of my familly members. Is their any way to get DIVORCED with her & also want to get ride of 498 & DVA



Learning

 3 Replies

Binod Kumar Mishra (Government Service)     24 July 2009

dear friend, first off all place a informatory petition before the CJM of your respective district mentioned all the misdeeds of your wife. second file a case under section 9 of Hindu Marriage Act for Restitution of Conjugal Rights. definately when you will file this then at later stage when your wife file a 498 case against you, it will get weak and this will open your path for getting divorce against your wife.

 

a sincere suggestion that not directly go for divorce petition before competent court.

Adv. Deepak (Advocate)     24 July 2009

Dear Rahul,  First of all, file a criminal complaint against your wife and her in-laws in the nearest police station claiming that they are threatening you to fulfil her unjust demands else, they will file a case under 498 A or DV act.  Then start living separately with your wife.  If you continue living with her, it will mean that you have condoned her threats.  Thereafter, file a divorce petition before a family court or civil court claiming divorce on the ground of cruelty.

Dharmesh Manjeshwar (Advocate/Lawyer)     28 July 2009

Take it from me ..... No one can stop ur wife from filing case u/s - 498A IPC and/or D.V. Act based on false facts ...... If U are already living separate from ur wife then it is advisable that U lodge complaint with the nerest police station against her and her family members if they r issuing u threats to life and of filing false complaints .... this is for ur protection ..... in case she does file those cases .... but no way can u get rid of it .... as u have ur statutory rights ...... ur wife also has statutory rights .... only thing is that U will have fight these false case and prove her wrong ..... U will have to face them dear ..... if ur wife does not agree to a divorce by mutual consent  and If U want divorce ....... u have to file a divorce case and get it ...... there's no shortcut ......


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