Divorce
KrishnaNandan
(Querist) 25 May 2015
This query is : Resolved
I am married for 4 years with no children. I do not think my wife would allow me a consented divorce. Since the relationship has been spoiled completely, I am being forced to no other option but to consider filing a contested divorce that too on the ground of cruelty such as quarreling, dominating insulting, threatening etc. But I am afraid that the moment I file for divorce, she will file DV plus 498a at her native as a response. I learnt earlier from your site that this complicates matter as three cases would run concurrently. My questions are
a) Does my filing for divorce automatically justify and substantiate her DV+498a cases.
b) What are the common complications.
Jayashree Hariharan
(Expert) 25 May 2015
nothing justifies dv and 498a unless the actions have actually been done, but for that you will have to prove otherwise.
is she living with you currently?
Guest
(Expert) 25 May 2015
Your academic questions at proposal stage have no relevance unless you really face some reaction from your wife's side. You should not expect presumption based opinion from experts. However, before filing any case, the merits of the case should not be forgotten. Reality shoud only be the base, which you can prove easily. Otherwise you should also not forget the science based theory, actions and reactions are equal and opposite. Rather, in husband and wife case, rection is more stringent from wife's side than the husband.
Rest depends upon your own wisdom as well as your lawyer's capability.
Devajyoti Barman
(Expert) 26 May 2015
There is no complications at all in concurrent running of divorce case in one side and DV and divorce case on the other. The divorce suit never substantiate the allegations of DV case.
SAINATH DEVALLA
(Expert) 26 May 2015
Mr.Nandan,
In UR profile it illustrates that U have previously posted a query regarding 498A and 494 with another name Amish Patel,What is the logic behind it.
KrishnaNandan
(Querist) 26 May 2015
It is true that at this stage the query is a bit hypothetical and the actual situation will make or break the lives and the cases. I want to remain prepared for all the eventualities in the event of my taking this extreme step of filing for contested divorce. Thanks again. I got my answer that Divorce and DV + 498a are not only separate cases but one (former) does not unduly influence the other (latter). I also had to maintain anonymity else discovery of this mail itself can blow matters beyond manage.
Guest
(Expert) 26 May 2015
Remain prepared only with specific reference to the allegations made in the petition. You should not expect the experts to presume what would be the allegations of your wife. how those would be represnted in the contents of the petition and how you should get prepared for that in anticipation of any petition, which may or may not happen.
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
You have been advised well. It depends on how cautiously you handle the situation. In a curiosity you should not over act or react in a different way to her onslaughts or repercussions.
