Chances of getting divorce

Originally posted by : Titus
	I got married in may 2005. Me and  wife stayed for 6 months to 1 year together.Then after that small bickerings started and it lead to legal notices and police complaints. She filed 498 a, then defamatory cases. Me and my mom were arrested. My mom was a central govt employee then, she was suspended, now she got retired, even after 5 years of retiremnet she diddnt get any retirement benefits after 30 years of service. We went through a lot and lost all our money on the court casess. But by God's grace and the truth was on our side, we won in all the cases. But it has taken 10 long years. We got acquitals in both cases. 498a case acquitall was on january 2016. Can i apply for divorce now? If i apply will i have to pay alimony? What are the grounds for divorce at this stage? How long will this case run? Just before the final judgement of 489a, wife texted me that she is ready for mutual consent divorce and if i agreed, she will withdraw 498a. This was just 1 month before judgement which my lawyer refused to accept. Now it has been 1 year after acquital, what are the chances of getting divorce quickly? I dont have any contact with wife side and i dont know the status of their side now. Please advice.

I presume that you ppl are Christians.

You will have to apply divorce under Special Marriage Act.

In the given case you will have two options,

1.  Mutual consent divorce - which will be over within 6 months provided parties do not withdraw consent, waititng period is 6 months which might get extended to 18 months depending on willingness to give consent.  Terms of mutual divorce to be decided by way of affidavit and agreed upon, which your wife is willing to as of last month.  But it does not make any sense that she withdraw 498a after so long time and making you and your mother suffer.  Even MCD does not make sense as you have already lost 10 years running behind nothing.

2.  Divorce - Contested.  This might take 6-7 years..  Grounds for asking diovrce is that she filed false 498a case on you and your mother.  This will certainly get you divorce.  Lousy fee seeking advocate may take 6-7 years or even 10 years to get you divorce.  Alert one might as well get you the same in 2-3 years.  So it mainly depends on which advocate you hire.

 

My advise is,

You take MCD, if she does not expect a penny from you and is ready to give mutual consent divorce.  On the other hand, if she seeks one time huge alimony, then this method is waste.  MCD is best when matters settle withing 1-2 years of filing divorce and not after 10 years of roaming to court. In your case you will have to wait for another 6-7 years if she contests the divorce.

Alimony you will have to pay her till the day she remarries or till the day she dies, if she has no source of income. Proving that she is capable to earn/was working/is working etc all that is left on your lawyers capability, depending on that alimony will be decided.  Until that is decided you will have to pay interim alimony.

 

That my friend is your divorce and alimony issue.

 

As she has lost the 498a case she filed on you both, you file perjury on her and make her waste 10 more years in court.  What say?

Thankyou. Now i will have to find her stand in getting MCD.

For catholics it is the indian Divorce act 1869 if you are married in the church . If you are married under the special mariage act than it would be under that act . Now if you have won the cases why do you want to go foir MCD when you have won the cases . Read the below filing os false cases is cruelty wherein you will get Divorce under those grounds .

 

Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground," said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.  Dyanesh Soparkar and Lata (names changed) had an arranged marriage in March 2001 as per Hindu rites and they have a daughter. According to Soparkar, on the wedding night itself Lata called him blind for wearing spectacles and complained that she was given to understand that he earned a higher salary than what he actually got. The couple had frequent quarrels, according to Soparkar, over his wife's insistence that they stay separately.  Dyanesh filed for divorce in June 2003 and a month later Lata filed a case for dowry harassment (Section 498 A of the IPC). She named Dyanesh, his mother and three other relatives. They were arrested and sent to custody. Two years later, a magistrate's court acquitted them, saying there was no evidence that Lata's family were coerced to pay Rs 50,000 as dowry.  The family court dismissed Dyanesh's plea for divorce saying that a single complaint filed by the wife could constitute cruelty. Dyanesh moved the HC in appeal. His lawyers claimed that the arrest and detention of the family members and Dyanesh's near relations in a false case "has caused him agony".  The HC agreed with Dyanesh's contention. "One thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother-in-law but had unnecessarily roped in other near relations," said the judges, adding, "It is obvious that on account of arrest and detention of the husband and his family members, Lata has treated Dyanesh with utmost mental cruelty and he has suffered agony."

Read more at: https://www.lawyersclubindia.com/forum/Filing-false-case-against-in-laws-is-cruelty-HC-17522.asp

 

Best way you should file perjury on her . then make her pressure to go MCD on your terms and conditions. If she ready to go MCD ,you withdraw your case make this condition also. Your time will save otherwise if you go contested divorce it will take another 3-4 year to get divorce