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Pilix   15 February 2016

Can 498 be filed without starting a domestic life?

Hi Sir,

I got married 3 months ago, marriage happened in bride hometown, I stayed only two days in girl home after marriage, but intercourse has not been done due her non willing , third day she and her parents, relatives came to my home but they left on same day itself stating that girl is ill now and  they will bring her to the city where I work for starting domestic life.  But next day we called them asked to bring to my home and stay in hometown for one month before starting domestic life in the city where I work.

But they girl refused to stay with my parents and later we came to know that girl has lot of psychological and health problems, so their parents didn't left her in my hometown, They dont want to leave her alone with us. from that time our communication has been ended , i mean from third day.  We have conveyed them through mediators that we are ready to give settlement amount but Now they are trying to make it commercial using law and trying to get lumpsum money based on onesided law.

Now please tell me what are the possibilities for the girl to file cases against me, I can confirm marriage not consumated and domestic life not started, only marriage happened before relatives and parents and elders. Also let me know what are the possibilities for me to file cases?








 7 Replies

FREDYCHARLES RK - Bangalore (Advocate)     15 February 2016

Welcome dude, you are eligible for all.. 498A,DV,125 Crpc,HMA, etc....if in Bangalore contact for breathers.

FREDYCHARLES RK - Bangalore (Advocate)     15 February 2016

Welcome dude, you are eligible for all.. 498A,DV,125 Crpc,HMA, etc....if in Bangalore contact for breathers.

Pilix   15 February 2016

could you please eloborate the reply with like what are the possibilties of cases for me to file, 

Also it would be greatful for anyone if you could suggest the possibilties for me to get rid out of itutation, because everyone saying possibilities for girl are more.





Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 February 2016

The only remedy available to you is to file a divorce petition as soon as possible . Though you may have to pay maintenance for some time . However remember that the more you delay it , the more will your chances of gettingn freedom her delayed

sumant sudan (owner)     16 February 2016

just go for restitution of conjugal rights sec9 hma. don't go straight forward for divorce. adv. sumant

sridher (system analyst)     20 February 2016

first go for RCR if she never comes file divorse then next file application for medical check up of your wife you will get the divorse based on medical report

Happily Divorced (TL)     20 February 2016

Hey Pilix,


Right now you cannot do anything, so please accept her parents demands if reasonable and take her to your place wherever you are working. Have some patience, try to cohibit with her for an year. See if she changes her behavior and also have safe protected s*x. Make sure she doesnt conceive in this first one year.


Even after one year, if you still think that she will not change then you can think about divorce. As of now, keep your head down, dont demand anything from the girl or girl's parents and let the time pass. 


Even to file divorce, unless you have very very strong grounds, you will not be permitted to file divorce within an year. So keep calm and dont get into litigation. Its easy for the girl to start litigation but at the end she will only lose. Till that part of the story, you oblige her reasonable demands and let your first year of marriage pass. 

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