harassed_12345 (NIl) 12 September 2015

"situation " pls advise !!!

Hi experts,

I have applied for divorce on grounds of adultry and cruelty.Having proofs( Hotel C/In, C/Out REgister Entry with Photo i Card , their sign on bills etc and call details of 6 Months wherein the talks till late night and sms exchanged n regular basis) that my wife spebnt 2 nights with her office collegue in another city while both of them were on leave.

In retaliation wife lodged false 498A, 506 IPC against me and parents. Police submitted cancellation report against fir, later after 6 months consideration court accepted the same, advising her that if she want , she can file private complaint and cancellation report is accepted.

Now My Question:

1. what are my possibilities of getting divorce on ground of false 498a as i herad that proving adultery is difficult and false 498a can be benificial for me.

2. can wife still file private complaint while the cancellation report is alreadyaccepted.

PLs help

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4 Replies

(Guest)

file divorce on the ground of cruelty. false 498a will add extra weight to you claim of cruelty. so add that too. spending just 2 nights with a collegue cannot amount to adultery. so good ground for cruelty will be that false 498a and 506 ipc.

do not show adultery as cruelty. it won't work.

harassed_12345 (NIl) 14 September 2015

Dear Arix, Thanks for your reply.. still my questions are not answered ... Pls help...

prabhakar advocate (advocate) 14 September 2015

Do not put all the eggs in one basket. You rely on the ground of adultery as well as cruelty and more particularly filing of S.498-A by wife without having substance and causing extreme mental agony. O.K. Now, by poring over the evidence for adultery you said you can produce, I do not see that you are on weak wicket. Further, adultery is such a shrewd weapon that would snatch the earth under the feet of the adulterer (ss), they cringe and squirm under the weight of their own guilty conscience and to come out of this embarassing situation, kneel down before you for mutual consent divorce. Coming to the last of your query, yes, after cancellation report, the complainant wife has got a right to file a 'protest petition' and if she fails there, she can go on in revision/appeal in higher courts.

T. Kalaiselvan, Advocate (Advocate) 21 September 2015

I fully agree and concur with the views of learned advocate Mr.Prabakar, he has explained everything in detail hence nothing more to add from my side to this query.