Need_Help (xyz) 21 January 2015

Contested divorce petition

Hello All,

I need advice and help from you.

My wife has filed a false 498a,406 etc complaints against me and my my family members.

We all have got bail.

At the time of anticipatory bail hearing , judge suggested to attend the mediation part.

In the 2nd session of mediation, my wife agreed for mutual consent divorce with 8 lac as alimony .

So, we prepared one agreement where we have mentioned all the terms and conditions and then signed it by me ,my lawyer,wife, her lawyer and judge on the same day.

In the settlement, we have decided to file the joint petition for mutual divorce after two days.

But after two days, my wife is saying she wants more money otherwise she will not come for filling the mutual consent divorce petition.

So she did back out and and told the court that she wants to save the marriage which is in fact not the truth.

Currently police is taking statements and investigation is going on and may be in next one motnh chargesheet
gets prepared and hearing will start in the court.

Sometime she(my wife) ask for huge amount of money, sometimes she is saying she wants to save the marriage so
clearly indicates her flip flop nature and will keep dodging the questions and prolong the litigation..
Her nature is very agrressive, short tempered and Making false allegations, pasting innocent face over deceptive intentions, making chump of oneself are the qualities of her.

Please advice me when should i file the contested divorce petition , what is correct time ?

Should i wait to complete the 498a hearing ? or should i wait for some months ? if yes then what are the reasons ? or Should i file it Immediately ?

Reply Follow

4 Replies

(Guest)

File divorce petition now itself if that is what you want.

Waiting for 498a case to get over will be real loss of time, that itself will take 6-7 years, then after that if you file divorce petition, it take another 6-7 years, so totally 14 years gone running behind court. Today 2015, by 2029 you get free from all cases.

So weigh your options, risks and benefits and decide accordingly. All the best.

Prasad (Systems Engineer) 21 January 2015

Hi There…

It is so much painful that you need to now go through this.

I wish you get early relief.

I believe you have 2 options. This is based on my understanding gained so far from this forum.

Option 1 :

Just arrange for the money that your wife is demanding and throw the money and get rid of the pain earlier.

Make sure to have good lawyer to prepare the contents of mutual content in such a way that she is not able to backtrack.

She has to withdraw all the cases.

Split the amount in 2 instalments and give very less % like 20% in first motion of MCD and remaining after second motion.

If she backtracks anytime, she has to return the 20%. Then you file contested divorce.

Option 2 :

Fight and win the 498 A case. Then file divorce based on mental cruelty. Then you will easily be granted divorce without much trouble of giving proofs.

Need_Help (xyz) 22 January 2015

Thanks for your reply.

Is there anybody who can give more suggestions on this ?

when Divorce is granted and alimony money agreed upon, will there be condition from the family court to withdraw criminal case ?

how do we handle criminal and civil case simultaneously.?

Adv k . mahesh (advocate) 22 January 2015

have you given any money till now and you said in court you have decided and she has signed means you payed her some amount

as explained you can go through

but filing contested divorce again she will contest and it takes many years first write down all the points what all you want o discuss with your self and then discuss with your wife about the points and convince her for MCD and do not give full amount on one go but in instalments is better idea in mean time 498a prove youself and come out