victim (aaa) 06 January 2013

498a, filed, 1 year of separation, can i file for divorce???

Hello sir/madam, i need advice on my caswe, please..

False 498a, dvc is filed against me. the legal sepeartion is over 1 year now. 498a and other cases are pending and on going.

during the family counsilling the gal refused to come back to me, she stated this clearly before the counseller. The reason she is not filing divorce is she is seeking a hefty sum from me on the pretext of 498a, which i do not want to give. I am ready to contest.

Does the counsellers report hold any legal value???

Can i file for divorce on basis of her being refusing to stay with me, before the counsiller and also 1 year of seperatoin is over? Is it good to file for divorce since ongoing cases on me??? can somebody please advice on that???? Will it turn out to be a good thing or a bad thing for me...

Please advice. Thank you everybody!

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5 Replies

Ashimta Lekhi Malhotra (Independent Lawyer) 06 January 2013

You can file for divorce. 498A does not stop you from filing divorce.

Msk-need -nuetral- laws (self) 06 January 2013

Hello AAA,

The above advice is overly simplified. You can file divore pettion on the ground of cruelty meted on you, not on the basis of separation. Since desertion through separation requires minimum 2 years, under HMA section, you cannot seek that as a valid ground for divorce. Rather go ahead with refusal to cohabitate which is cruelty and false allegation of 498a. Remeber false 498a proved is ground for divorce. If you are forced to contest, then no choice wait for court declaration that dV and 498a is false, then that itself is ground for divorce.

All the best,

Mani