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Ajay   16 October 2017

Contested divorce

Hello,

Background : I am man 37 Years got married 14 years back and now have two daughters. We got saperated three years back and since then living saperately, daughters staying with her. Two years back I filled the petition for divorce U/S 13[1][ia] against my wife and it is still progressing at its own pace. Now the situation today is so that

- My wife is getting the maintanance as per order.

- She is very clear that she dont want to stay with me and she has mentioned the same in court, same is my thought

- But she dont want to give me divorce by consent.

- standard 498, DV etc cases are filled against me 

Is there any legal remedy for me to get some relief so that I can legally get out of this marraige and move on in life?

 

 

 

 



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     16 October 2017

No set remedy for such situation. The criminal complaints filed against you need to be decided in your favour and you get acquitted of all criminal charges this will add to the act of cruelty (as by lodging false criminal complaint against you she defamed you in the society ) which entitles you divorce. Till that time you can move ahead in life with pending cases in court and wait for either the decision of these cases in your favour or her agreeing for divorce by mutual consent. Such ladies do agree for divorce by mutual consent one day but seek huge sum of money both for themselves as well for their greedy lawyers.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 October 2017

The myth is that Section 498A is a brahmastra in the hands of the wife, which was to be deployed to settle petty matrimonial scores. The modus operandi being to falsely and indiscriminately implicate the husband and his relatives – the old, young and infirm – and extract a hefty settlement under the threat of criminal prosecution.Let court decide your cases. 

Ajay   16 October 2017

You are to the point sir. I am service class person and I will be more than happy to reasonable amount which helps my daughters to get right education and life but my dear wife's ask is in crrors :-)

Ajay   16 October 2017

Thank you Sir. So you mean when she says in front of court that she dont want to stay with me so cant court ask her to settle the matter?

if not then it seems I will have to suffer for few more years.


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