Rahul 23 March 2016

Basis for divorce and time

Hi Experts,

My wife has filed CRPC 125 on me based on false affidavit which can be easily proven in court.

Can false case of CRPC 125 be the basis of divorce and can be considered cruelity to intensionally harash me.

Additionally I filed section 9 case but she did not attend any mediation at all and I was present on each date.

Experts, most of people says that you cant take divorce until you wife agrees to mutually divorce you.

i am very much affraid because she says that I will neither give you divorce nor will come back. In court she agrees to come back but outside she denies.

Needed your quick help please.

regards

Rahul

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2 Replies

saravanan s (legal advisor) 23 March 2016

Can false case of CRPC 125 be the basis of divorce and can be considered cruelity to intensionally harash me.

no it cant

Additionally I filed section 9 case but she did not attend any mediation at all and I was present on each date.

you will get exparte in your favour and if she doednt join you within a year then you can file divorce based on it

Experts, most of people says that you cant take divorce until you wife agrees to mutually divorce you.

if you have strong proofs for filing a contested divorce on some ground then you can go ahead with it

Rahul 23 March 2016

She herself has accepted that she has been living sepeate from me since last 2.5 year in response to my section 9 case but writing that because of dowry harassment she is not coming back.

Important point to note is that there is no complaint launched by her in section 498a. In this case I assume that her reason for seperation is not justifyable.

If yes then it seems purely desertion.

Additionally I have some of abusive and threatening messages sent by her.Can these solves purpose.

Moreover I have witnesses who came out from various meetings and they can say in court that she alongwith her parents was torturing me on small small incidents.

Please advise me

Sir can I have your phone number please.

Regards

Nitin Verma