Divorce to wife

Leo (Querist) 07 September 2012 This query is : Resolved
Respected Sir,
Me and My family been implicated in False 498A case and currently we are on bail.She has also slapped maintenance case on me which has still not been granted.498A case on march 14 2012 and 125 in June.I have all the required documents to prove that the allegations are false.Pls suggest me future course of action:
1.Should I fight the case rightfully for many years and come out clean or
2.Should I file for divorce and settle this
My lawyer is of the opinion that I should give her divorce notice in Mumbai.My inlaws had put a case in Vishakapatnam (Andhra Pradesh).Request your suggestion as this will help me to take a decision.

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ajay sethi (Expert) 07 September 2012
if fale case of 498A has been filed and you are acquitted then you cna file for divorce as it amounts to mnetal cruelty .

fight case on merits .

if your wife dosent want divorce it will be a long drawn affir may take couple of years

Leo (Querist) 07 September 2012
Respected Sir,
There is also a possibility of the case dragging for years in case I wish to fight it on merit basis.
Still you suggest me to fight it on merits and avoid the first divorce move from my side.
Pls suggest.

ajay sethi (Expert) 07 September 2012
if you file for divorce in mumbai and your wife is in vishakaptnam she will amke an application for transfer of case . better to divorce by mutual consent

Leo (Querist) 07 September 2012
Respected Sir,
Thankyou very much for your time and advice.

Devajyoti Barman (Expert) 09 September 2012
There is no disadvantage only because if you go for divorce first.
Decide on the basis of your priority.

Kiran Kumar (Expert) 09 September 2012
if you have documents and other evidence to prove that her allegations are false then its advantage for you.

making false 498-a allegations does amount to cruelty and forms ground for divorce, its better to get rid of her in order to save future.

tell your counsel to refer to a following judgment

Vishwanath v/s Sau Sarla Vishwanath

Civil Appeal No. 4905 of 2012 decided on 04.07.2012 by the Supreme Court of India.