Gaurav (Engineer) 30 April 2014

Divorce

My wife has filed 498A case against myself and my parents. Case is on EVIDENCE stage and she has given contradictory statements before women cell, FIR and before magistrate.

Can I filed divorce on grounds of cruelty and desertion as she has been living with her parents for more than 2 years ?

Generally, what is the probability to get divorce if wife files criminal case against husband and in-laws ?

Kindly Advise !!!!.

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2 Replies

Laxmi Kant Joshi (Advocate ) 30 April 2014

If a wife files any false criminal case against her husband and after trial she lost the case and husband proved himself innocent and on making that criminal case a cruelty upon him he can file divorce by making it a ground, it will treated as mental cruelty and if the case supported by strong material evidences before the court, on the basis of cruelty court grants the divorce decree in husband favour . 2 .yes , you can file divorce on the ground of cruelty and desertion .

Adv k . mahesh (advocate) 05 May 2014

normally complaint filed by women will be taken immediately and then investigation starts and after harassing the husband and parents on one fine day the cases will found to be false and with no evidence the cases will be dismissed and with this husband can file divorce onthe ground of cruelty and disertion and also as she is staying away from you is a good point to file divorce