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Krish   20 February 2016

Can wife file 498a and dv after mutual divorce?

Hi All,

 

Wife and husband were separated for more than 6 months as they don't like each other due to compatibility issues.

 

Due to involvement of elders and village local leaders, they were forcefully sent for cohabitation to place where the guy works. Village people wanted the couple to live together assuming they were just having compatibility issues and they would be fixed automatically over the time.

 

However, the couple did not like to stay together and took mutual divorce secretly without letting third person know this. Also, the husband has settled  the  permanent alimony to her.

 

2 months later, the girl went to her parent's home and had to reveal that she took divorce. Under their influence, now the girl and her parents threatened the guy that they would file cases on him stating he forced and threatened her to give divorce.

 

In actual, both agreed and took the divorce but  the girl is coming in reverse way under their parent's influence. So could you please clarify the below my queies  so that we can decide what kind of steps need to be taken?

 

1) What kind of cases can they file on guy at this stage?

 

2) I think..  she can file DV case and coming to 498A, it will be filed by wives. As they are legally separated now, she will be no more his wife if I am not wrong. So does she still have the chances of filing 498A?

 

Thanks for your help in advance.



Learning

 10 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     20 February 2016

Sincr she does not fall within the he definition of wife anymore , the cases you are concerned about shall anyway not be maintainable keeping in view of the provisions of section 198 crpc
1 Like

Krish   21 February 2016

Thanks Renuka Ji and Augustine sir for your reply.

 

@Renuka Ji,

You are correct. Husband should be like actor to deal with marital issues in smooth manner to get what he wants.

 

@Augustine sir,

As you  told, she can not file 498A as she is no more be considered as wife. How about DV case? To file DV case, it may not be wife. It could be anybody - lady/child whoever affected/suffered  in the same shared house.

Also, can they appeal in high court challenging the district court divorce decree as it's just 2 months only passed?

Kindly clarify/advice.

Born Fighter (xxx)     21 February 2016

Did you get Mutual Divorce by signing some papers between both of you OR through the Family court ??? 

 

If its through the COURT then why are you bothered ???. Can she claim she was forced by the court also to give you divorce under gunpoint  ??  If you have also paid her permanent alimony as one time settlement then how can she say she was forced to sign MCD ????

 

once you got MCD she cant file any case, unless you have signed MCD papers blindly without knowing what you have agreed to.

Why are you worried....Im sorry but it seems you are either wasting time of the forum by asking such questions OR not disclosing true facts of the case

 

Krish   21 February 2016

@Born fighter,

Thank you for the reply.

Divorce was taken through court only. Our lawyer has also told that we are all set now. Nothing will happen.

No problem with girl.But her parents are making scene now and they are aggressive people.  Some relatives told that they are trying to find the ways to file cases.

I understand that they cant do anything now. But just wanted to make sure all of us are on safer side.

However, the only way their parents have is appealing in the high court as 90 days are not yet passed.

Anyway, with your reply,  it is obvious that they can't go for appeal.

Thank you!!

Samir N (General Queries) (Business)     22 February 2016

From a purely legal perspective, you DO HAVE REASONS to be worried. It is not whether she will prevail ultimately or not but that her case, if filed, will not be dismissed in limine... that is at the very outset. Why? She can claim coercion by you to get the MCD and if so, then a full trial will take place... Both of you will lose time and money, will make some advocates happy, of course. She can file DV within one year of separation... which has nothing to do with the date of divorce. 498 cases I do not know but if she wants to file, I guess she can file anything she wants. The key is to convince her that it is not in mutual interest to file cases and to move on with you own lives separately. So, rather than confronting her, try to be friendly with her and convince her.


The answers give to you above are basically correct that you will ultimately, most likely, prevail but the concern of facing a long-drawn out trial should not be taken lightly, especially when a woman claims coercion into entering a settlement.... 

1 Like

Krish   22 February 2016

Thanks Samir ji.  We will talk and try to convince their family.

b.goheel   23 February 2016

under influence - u say she is under her parent
                         counter of her parent may b she was ready for mcd is under influence of ur side.
let court to decide whm to believe whn this question will b arised.

b.goheel   23 February 2016

Moreover u mention in ur early thread "
https://www.lawyersclubindia.com/forum/details.asp?mod_id=133389&offset=1#.VswMeY5YVQA

that u were seperated fr three years.
there is vast gap btwn more thn 6 months and more thn 3 years.

thn guidance of senior frm point of view of 6 months may b not fit fr the case oif seperation of 3 years.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     03 July 2016

She has no right to file any case except PWDV act.

Khush   04 July 2016

if u r going for mutual divorce, add a clause in that after divorce no party to divorce wil file any criminal or civil case or suit on another party


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