Guidance for Divorce


Dear Learned Members, I want to divorce my wife. We married in 2008. I have two daughters one 8 yrs old and second 1.3 yrs old. At the early months after marriage we had troubles with each other. She left home in 2009 and filed 498a, 406 and DV against me in 2010 end. In the court we agreed to live together in the mediation session. The complaint against me was quashed in high court in 2011 end. From March 2011 we are living together. All this time was a testing time for me till now. My sister in law got married in 2014 and her husband is also facing same problems like she called police several times but case not registered yet. At this time I am married for 9 yrs. The complaint against me was quashed in High Court in 2011. Now I have reached my limits of tolerance. Can learned members advice me, if I file divorce against her. Can she still file 498a etc against me? How strong is my divorce case. Pls share some judgements if available. Nowadays I am in Bahrain for 4 yrs along with wife and children. I am a Govt servant on company foreign assignment in Bahrain. Thanks
 
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Advocate

Yes, you can file divorce petition but your wife has also liberty to p[roceed against you. Sine she has not proceeded against you so at this moment it is difficult to cite case law which depends mainly on facts of the case. Consult a lawyer with details.

 
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Thanks! I have consulted a senior lawyer, he said the same thing depending on facts. But I believe that once a woman files 498a in police station, the police is definitely going to lodge the FIR after investigation. Even if the police finds no problem in the case. They ll lodge FIR. This is my opinion and experience. Last time in 2010 also, there was no proofs or evidences with her.. still FIR was lodged. I need more advices from senior and experienced Advocates. Some say don't file divorce, keep on living like this. They say after filing divorce against such ladies will add more tension than living with her... Like as she and her family is expert in telling lies publically and after divorce, I ll be away from my children and may lose more money as monthly maintenance to her.
 
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You won't gain anything with divorce. Just live separately if y ok ca ntg tolerate her. She can jolly well file 498a even now since yyou are still married to her.
 
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Advocate

Unfortunately the terms and conditions at the time of compromise and quashing process in the High Court didn’t clarify in case marriage fails at later stage what shall be the consequence. You didn’t engage senior and experienced lawyer to work out those eventualities and now once again you stand in square one from where you started.

You’re in Bahrain from where you can apply for divorce but in Indian court only, because Bahrain is Muslim country has its own Muslim laws and you being Hindu married in India and your marriage covered under the Hindu Marriage Act, 1955 the petition for divorce either individually by you or jointly by you will be entertained by the Indian court which has jurisdiction to do so.

The unilateral divorce that you propose to file will take number of years to decide and your wife can in the meantime again file criminal complaint against you u/s 498a IPC as the previous one was quashed by the High Court and not decided on merits so no question her not doing it once again. And in that case the same process of quashing, compromise etc. will take place and after taking advice here you will go and engage some lawyer who will do the half job for you in quashing etc. in the High Court as was done by your previous one.

Please don't give me excuse that your lawyer was very experienced one as that I can make out from all your post what was real standard of your lawyer.

 
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Advocate

Originally posted by : Puneet
Thanks! I have consulted a senior lawyer, he said the same thing depending on facts. But I believe that once a woman files 498a in police station, the police is definitely going to lodge the FIR after investigation. Even if the police finds no problem in the case. They ll lodge FIR. This is my opinion and experience. Last time in 2010 also, there was no proofs or evidences with her.. still FIR was lodged. I need more advices from senior and experienced Advocates.
Some say don't file divorce, keep on living like this. They say after filing divorce against such ladies will add more tension than living with her... Like as she and her family is expert in telling lies publically and after divorce, I ll be away from my children and may lose more money as monthly maintenance to her.

Whether you can live with her or not, whether you should file for Divorce or not is call which you alone have to take.  We lawyers can guide the way forward but the basic decision is one which you have to make. Yes, if you do decide to initiate Divorce against her, there is a full possibility that, given her past conduct, she will file all possible complaints and cases against you, restrict your access to the daughters, claim money from you.  Are you mentally and emotionally prepared for the same? 

As far as your chances of succeeding in your Divorce case are concerned, that depends on the facts.  Based on what is mentioned here, it is impossible to determine the same. 

If, however, you do decide to pursue the Divorce case, remember that you shall hve to pursue it in India. 

As far as regarding lodging the FIR is concerned, there are a plethora of judgements on the same by the SC and nowadays the Police are cautious in lodginf complaints. 

 
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I am overwhelmed with the responses you learned members have given. Mr. Vijay Mahajan! I will now check the high court quashing. How was it done and what was written into it. I will come back after looking into it. After reading above and my discussions with some advocates, I think that if a person have no intention to remarry, looking at the current judiciary system, best option for him is to just start living separately. However, keep feeding your wife and children but u yourself live in some other house. Can't do anything else as laws are framed such that a man can't get divorce unless girl agrees. Mr. Ramesh! Actually i don't want to check new car. I think I have not failed the test, my wife has failed. I have done my best to take care of her and my children. Even I, like a real son, helped my father in law (as he was not able walk due to some problem in knees) during the marriage of my sister in law. But after marriage was complete. I was again an enemy (after few days his knees were fine). My sister in law is also sailing in same boat and she called police four times at her in laws home to pressurise her husband and his family. Now my father in law is putting that knee on my neck through her daughter.
 
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