Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kundan Lal (software engg)     05 July 2016

498a divorce

Dear experts, My family 7 of us are named in 498a. We are not joint family. The girl stayed 4 months with me and then stayed at parents place 3 months. Put my brother and his wife, my sister and her husband everyone name in 498a. 5 of my marriage now. She visited my brother and my sister place for functions. Can i file divorce as there is no way we are gng to live together ever. Is it possible to get divorce..she is not ready for mcd


 8 Replies

Anshul Sharma   05 July 2016

Dear Kundan , 

Filing 498a means -relation end. Apply for the AB as soon as possible then fight the cae on merit as judges are aware the 90% dowry cases are false. If she doesnt want to go for MCD , means they want to see you in jail but u will come out through bail. 

Chance that she will file the DV , CRPC 125 for interim cases on you . Be prepare and hire a lawyer.

1 Like

Kundan Lal (software engg)     05 July 2016

Thanks for ur response Anshul. Got 125 already. Do u know any case where divorce was granted as 498a is filed?

adv. rajeev ( rajoo ) (practicing advocate)     05 July 2016

You have to prove 498A is filed to harrash you, then you can get the divorce.

1 Like

Khush   05 July 2016

well, first you have to prove 498a was false. then you can file divorce on basis of false 498a that is cruelty. you will get divorce easily after that bcz its supreme court which has granted divorce on basis of false 498a.

contest the present case on merit. 

Remember TRuth always prevails, u r going to win definitely if u r true

1 Like

Sandhya Srinivas (Advocate & Legal consultant)     05 July 2016

File Divorce petition on ground of cruelty. 498 A case filed against you itself speaks about cruelty both physiacl and mental suffered by you.

1 Like

Kundan Lal (software engg)     05 July 2016

thank you for your response here. I am more inclined to file divorce hoping that I might be able to get to some conclusion to the matter and get visitation right to my child in an open environment. Meeting for an hour or so in court premises does not makes the bonding happen with child. If parents don't acknowledge each others presence, it does no good to meet child in partially hostile environment. but appreciate you guys repsonding so quickly and providing your valuable suggestions.

jatin sehgal (self employed)     06 July 2016

Sir i have been to the same issue started just after my marriage of 6 months i was lucky u can say because i did had any issue in my wed lock as got to know about the girls intensions this 498 a is nothing but a peice of sh*t which a woman is using to haerass the men in the shealter of law remember one thing my friend do not worry or scare at all if u had not done anything wrong in this case because all judges are aware that more then 98% of cases are false in this 498a and dont try to show ur need to ur wife to do mcd infact tell her that u will fight till end of ur life and will make her old in the court cases then u will see the results of it and if she has taken ur family members name do not worry at all because to take name is very easy and to prove it is very difficult file for a divorce on base of cruelity and fight for sm years u will see both of the lawyers yours and her will try to settel for mcd give some money to her and remove that sh*t out of ur life then never get married and enjoy ur life because u never know what next u will get

A walk alone (-)     06 July 2016

You can file divorce on cruelty and desertion ( if two year) ground. File it after sometime she herself agree for MCD .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads