(Guest)

Planning to divorce my wife

I am going to file a petition to take divorce from my wife who is staying away from me. Tried for MCD but negotions are very high.

Planning to file divorce under Hindu Marriage Act section 13 on cruelty grounds and Section 406 of crpc.

I am also aware that I will get many cases from her.

Want to know for below cases:

498a : I stay in a joint family in Meerut having 16 adults people. I came to know below 7 years crime cases there is no arrest in UP as per High Court and bail will be granted in trial court. Please verify my information.

125crpc: She was working before marriage after marriage she did not work even though she got the calls for jobs but I denied so that she can take care the house.No kid. Before marriage she was getting Rs. 8000 Per Month.

PWDVA: How to deal with this case ?

How many other cases she can file? Is there any way to get less damage from wife side?

Reply Follow

7 Replies

Sanjeev (Lawyer) 09 October 2012

The major issue in 498A charge is that AB provisions are not yet applicable in UP so you would need a Stay of arrest order from Allahabad High court that would issue directions to trial court to grant Interim bail till Mediation and later decide final bail application.

So keep a Allahabad HC lawyer shortlisted in advance that you can use in case of emergency.

the major threat is 498A the other being civil do not put that much pressure and can be handled.

why you want to file divorce wait as contested would take too long may be things take different shape later.

Vtands (member) 09 October 2012

if u dont want to live with your wife ever,do not file RCR its waste of time and effort.

Dont fear 498A now in UP direct arrests not happening ,just keep a tab on their movement .

File for divorce sooner or later you will get if you hve serious grounds.Dont bow down to pressure .After Police fear is over everything runs like any other case.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 October 2012

1. Don't be wishfully ignorant. There is no anticipatory bail in UP. As regards bail by regular magistrate - it is post arrest bail. Also don't be under the impression that arrests normally don't happen in UP in such cases. Agreed there are CrpC amendments that mandate police officer to record reasons for arresting in a less than 7 years offence - but everything happens in India, reasons are recorded howseover flimsy and arrest. This is a chance that you should not take.

2. File Divorce if you have the grounds for it.

3. Approach the Allahabad High Court for a Stay of Arrest (Writ Petition u/a 226 if there is no chargesheet yet) the Court in all probability would stay the arrest and order mediation. Once the sword of arrest is off you'd be in a far better position to get an McD that too on reasonable terms.

Feel free to talk !

Bharat Chugh

Advocate Supreme Court of India

1 Like

(Guest)

It seems I can not avoid 498a . Even God can not stop this :-) only my wife has the power on 498a.

Is this possible after FIR we can get bail from session court after depoisiting security amount?

What difference at makes in 498a that I filed for divorce after that she went for 498a. She did 498a and after that I filed for divorce. I don't want to file RCR in any case for suicide.

Can one city lawyer work in another city?

Can lower court lawyer work in Highcourt or vice-versa?