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Uday Kant Jha (aaaa)     24 July 2013


I m married on 1/7/2009, After the one month My wife is ill tempered and impatient. She has left home many a times after our fights. We both have problems with each other.. She has problem with my parents as well. I also have issues with her attitude,arguments and constant instigation and investigation that she does on me. According to her she is always right and I am always wrong. I have tried many a times to resolve things with all the calming efforts. But her parents are less supporting and whenever she leaves home they dont tell her to go back and solve issues. She wants to live separetely from me but doesnt want to get divorced. after 2 year she file case 498A and DV act. our family get AB bail for lower court now I also get AB bail for high court on condition of "The petitioner undertakes to keep the informant as wife with full dignity and honour, hence the accusation is not being deliberated. Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today''. in thre lower cour oder to me take my first to her matrimonal house. in the cour she was ready come back with me but after the out side the court she refuse to go with us. this was happend two time and thired time she submitted petition to I make not take back her to her matrimonal house. after that i move to high court for Modification of bail. now juge aks me to go surrender the lower court and get regular bail or the take your wife in your matrimonal house. 
Q 1. In this Situation can I File Divoce case ans what ground ?
Q 2 How much time taken to get the Divoce ?


 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

Q 1. In this Situation can I File Divoce case ans what ground ?
 -That is your choice, whether to file divorce or not. The ground depends upon the facts and circumstances. Discuss it in details with some advocate and decide about the grounds.
Q 2 How much time taken to get the Divoce ?
-Nobody can predict that as it would depend upon the circumstances of a particular case.


@ Uday,

Where is the matter of Bigamy here according to your post title?

1. What you want from her now? as you have made her false 498a acceptable by agreeing infornt of judge for AB to keep 498a wife.The matter totaly contradicts here.

2. According to your post you have defined your wife attitude,behaviour and not compatable living with her.So why you have not applied for divorce prior to her 498a.?

3. Any how from now file divorce stating the above facts and evidences where you have felt to do so.Mention three attempts of  taking her back after her false 498a.Don't afraid of bail tel and jail..........these are of for temporary periods but your happiness matters for your rest of life.


A sufferer....

shriks........... (healyhcare)     24 July 2013

1.what you want and what she wants is the question.......

2. if you file divorce.......case is strong but you accepted taking her back.......mental cruelty condoned........
3. you file divorce she files 24 hma maintenance starts till case disposal.......

4. she files divorce with 125crpc.......you can still prove her desertion and mental cruelty denying interims...........
5. if 24hma with divorce......she files and you let it go ex partee.....you divorced .....can contest  25hma  or other permanent alimony sections.....

6. if you strain her financially she might agree for mcd......thats why she not joining you......see  whats their game.....after all it is a game.......

7. you real brave man ......took 498 wife back........i salute you..........
8. even for bail......still you did.......chalk stratergies with your advocate......think over two stands.....come back again and discuss with experts on the forum

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