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kshitij (manager)     28 August 2012

Divorce help


dear all the lawyers...... here is my story:
i got married in 2008.....we have no children....
i forced my wife out of my house 1 year back.....she has enough evidence that i asked her to leave my house.....then she filed dv act case with evidence in delhi court asking for interim maintenance..residence rights..protection orders...etc..etc....and its pending.however i have denied all the allegations..... she didn't file 498a cases....no women cell complaint.....no dirty cases......now after 1 year of separation i have  filed divorce on the grounds of desertion and cruelty..... i have put allegations based on cruelty but i have no proofs for that.....i have also written that she left her matrimonial home on her own....but again i have no proofs.....following is my query: 
1.if she contests my divorce petition then how long will it take ?? i dont have proofs against her.at the same time she has plenty of proofs against me......
2. since i have mentioned in the divorce petition that she left my house on her own..so now if she says in the court that she wants to live with me....and if i deny taking her back..then will that go against me ?
3. my wife is willing to live with me.... but i don't want to live with her..... how should i speed up the court proceedings? 
4. since i have filed divorce.....so can she file 498a cases anytime ?? or now its too late for her ?? how can i protect myself if she files 498a cases ??


 7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 August 2012

Ksh*tij Hi, How successful your divorce case would be when she chooses to contest it, depends on the facts and circumstances of the case. If you are not able to substantiate your allegations and at the same time she is able to prove cruelty/desertion (if you make things such for somebody that he/she is left with no option but to leave) then that person is guilty of what is known as virtual/constructive desertion and not the person who leaves the house. When she makes an offer to come to you, and you refuse that does not make a difference to your case if you are otherwise able to prove. She can file a 498a case against you and your family even now. So you better take some pre-emptive/protective steps to counter that. Read : https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/ Good Luck !
1 Like

kshitij (manager)     28 August 2012

@ bharat : ok..... if am not able to prove my case ....i mean suppose if am not able to prove cruelty by her..... at the same time if i refuse reconciliation.... then what will happen ? case will linger on ???? i have read quiet a few answers by experts that it becomes difficult for the husband to get a divorce if one is not able to prove and if the wife contests the case ..... right ?

radhika (housewife)     28 August 2012

very nice..... u did the right thing kicking your wife out.. A Woman, who left everything for u and for your family, YOU kicked her out , anyways don’t worry god will surely punish you soon... oh sorry \...your punishment has already started.... husbands no no no no… I must say inhuman, u should be brutally punished….  U thing marriage is like USE AND THROW….  Used ur wife, satisfied and then need another one…..  Don’t u have sister … think if ur sister goes through the same situation….

Its not too late…. Friend leaves ur ego and thing about good days tht u both have spent together…. Save your marriage…. I m going through the same situation with no fault…. Because in my in-laws family 2nd family is successful either kill the first one or force her to commit suicide… (same thing my father-in-law did with his first wife) which I got to know after my  marriage…. Plz think before u punishes any innocent … Marriage is all about affection, trust and respect….  We Women, marry once….

Plz think with a cool mind and if possible give a second chance … don’tbreak your marraige.....   its hurts... badly hurts.... wish u could understand that Pain.... call ur wife and forget the past... start a fresh.... at least give another chance to ur marraige, so tht u should not regret later.....

my husband has no brain and heart.... but i hope u will understand... probablly u have no one tell u the correct thing....

1 Like

Singha Rao (Engineer)     28 August 2012

Hi Radhika,

   I appreciate your reply.. really this type of mentality need for healthy society...

But unfortunately, I am also facing bit different types of problem..

After requesting to my wife to Join with me (now staying apart 8 month), she clearly say that it is not necessary to stay husband and wife together.. As I worked at abroed, she say that many wifes are at India and husband are at abroad and are still they are happy...

Then I say that how about our future plan (as I am 34 +..), then she clearly say that I am not for that only.. I have to find job at India first.. Then later we can think about future plan, I haven't decided yet!

In such sinario what you can suggest me?

So I am planning to go to India and file a RCR to join with me.. She know very well that if we will get dovorse then she will get huge money, that is in her mind..

suggest me in thsi regard..

radhika (housewife)     28 August 2012

hi singha.... plz consult a lawyer, as u will file for an RCR in India, and if u do so, will it be possible for you to visit India very 2months for the hearing....  plz consult a lawyer.... but most of the lawyer will misguide you and will try to make huge money from an NRI..... so try to involve elders and if u really want to save your marriage or u think tht your wife might cheat you once u stlle in Indian ... but then u hve an option for an RCR staying in INDIA....  see if u can find a job in India and then fight the legal battle...

friend involve your elder see if your in-laws are in your favor.... all the best hope u get your wife back ....


1 Like

b man (Namaste)     29 August 2012


Dear Ksh*tij,


Feel really sad reading how calmly you say I forced her out, you feel no remorse for your SHAMEFUL act.  You should not treat this as a game of CHESS. Try to reflect on your actions & realize your fault.


If reconciliation is not possible, offer your wife a fair settlement & go for mutual consent divorce.


I wish your wife gets JUSTICE.

Wishing her the VERY BEST.



I'm not a lawyer

Singha Rao (Engineer)     29 August 2012

Hi Radhika,

   You are absolutely right.. I can make a trip to India in every two month for 2 to 3days..

But problem is that if she will file false 498 a upon me, then thare may be chance for impouding my passport..In such case I can not go abroad and do Job.. As I spend a lot of money during graduate study from IIT and doctorate from abroad, for that my family support a lot.. For that I want to help in future, which only possible if will work at abroad with good salary. India salary is less and once stalk at Indian then came out will be bit difficult for me..

 My wife know every thing very well and her intension that if she will leave me then she will get huge money.. That is her target, even few time she told me that if I will pay her 40% of my salary, then she will leave me..Any way that is not in my record, so now she is changing her voice that she did not say..

Now to me career in one side another is family.. If I want legal way then I have to compromise some thing..

Let's see time will tell.. as I have enough phone record, so hope all that will help me in the lagal way..




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