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renu (consultant)     04 July 2010

divorce after 6 years of marriage

If a husband and a wife are not living together from last 6 years... the wife has already filed 498 A in 2004 (year in which marriage took place), Dv 2010 and maintainance in 2009.. chargesheet is already filled for 498 A in 2009...now what will be the situation if boy files a Divorce case, will it be difficult to get or not??? if the boy gets divorce will it be any impact on 498 A, Dv and maintainance on his favour or not????

 

Please suggest



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 July 2010

On what ground you want to file for divorce? whether the boy'll get divorce or not depends upon whether he can prove the grounds for divorce and also whether the wife contests it or not. If the wife is willing for seperation then it is better to go for divorce by mutual consent. Though 498A, DV, maintainance all these cases are different but if in the meantime divorce is granted on the ground of cruelty by wife or desertion then it'll definitely be helpful in proving innocence in those cases.

renu (consultant)     04 July 2010

Girl only wants money.. she sent him in jail, the boy losts his job... she is tourhering him like anything,, is it not enough.. how to get rid, the girl is not ready .. her motive to take a lot money by these cases, she dont want to go for mutual as she wants to harress boy, please suggest


(Guest)

1. Only solution is filing counter cases from boy's side along with digging dirt via RTI as well as initiating TEP with Income Tax Authoities.


2. It seems from the briefs the situation is "one way traffic kinda" here. Boy seems to be taking it all with a wishbone that one day things will settle, it never does and it only settles if abv. para 1 followed.


Rgds.

 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 July 2010

Dear Renu,

There are some more qustion to ask b4 replying to u. U can call me at 9871158578.

Dharmesh Manjeshwar (Advocate/Lawyer)     06 July 2010

the circumstances leading to their separation and consequent filing of cases not mentioned here ..... well the boy can file for divorce on the grounds of cruelty & desertion .......... which obviously he will have to prove before the court .......... filing for the divorce could also increase chances of the boy's bargaining power ........ if the boy proves his grounds chances of the maintenance petition being dismissed too cannot be denied .... it may not impact the 498A & D.V. cases though ..........


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