Filing a divorce petition

prakashsingh (Querist) 25 July 2022 This query is : Resolved
Dear respected experts,

I am writing on behalf of a friend who is facing trial against his wife under 498a. The trial is underway for almost 10 years and he has been sent judicial custody in the beginning. He doesn't want to live with that lady again, so he has filed a divorce petition twice but got rejected.

Our questions are:-
1. Do we need to file another divorce petition separately or the judgement of 489a will be enough for treating them separated?
2. Will the judgement of 498a help him file a successful divorce petition?

Thanks in advance..

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A friend facing a lengthy 498a trial, which has led to judicial custody, wishes to file for divorce. Despite previous rejections, the main questions are whether a new divorce petition is necessary or if the 498a judgement suffices, and if the 498a judgement will aid in a successful divorce filing. The advice suggests filing a separate divorce petition on solid grounds, especially if acquitted on merits, and potentially on grounds of mental cruelty or malicious prosecution.

kavksatyanarayana (Expert) 25 July 2022
File a separate divorce petition. What is the opinion of your lawyer?

Advocate Bhartesh goyal (Expert) 25 July 2022
What was the reason of rejection of divorce petition and why didn't your friend file appeal against the judgment of rejection of divorce petitions? For separation your friend need to file separate divorce petition on solid and cogent grounds .

S.JEEVAGAN, Madurai. (Expert) 18 June 2024
If the husband gets acquitted on merits and not on benefit of doubts in the criminal case initiated on the basis of the complaint lodged by wife, he can file divorce case on ground of mental cruelty. He can also file a criminal case against his wife for the offence of malicious prosecution.

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