Mahesh (Analyst) 06 July 2014

Divorce on 498a ground

I got married in 2011 and we stayed together for around 2 years. During these 2 years we had several issues especially due to my mother-in-laws over involvement. She dragged me to police station for very petty issues atleast 3-4 times and always used to threaten me with 498A. I could not tolerate the mental torture any more I had applied for Divorce in 2012 December. Knowing about the divorce she filed 498A with all false allegations. It's been more than 1 1/2 year and there is no progress in my divorce petition and in 498A. She says that she want to come back in Family Court and She keep on moving her pawns in the other direction in 498A. I am already 33 years old and even if I win these cases after 3-4 years, it certainly doesn't help me as I lost my precious time in courts. I want DIVORCE asap... Please guide me. Are there any recent judgements where Divorce will be granted based on 498A false allegations. I don't care when 498A will come to an end, but i want to start a new life.

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4 Replies

rachitsinghkushwha (reviewer) 06 July 2014

just marry other girl. u can fight cases and live your life...... divorce will reach its conclusion in time ahead. when police know fir is fake they do not entertain it for long duration. so when time come show your evidence. without strong evidence they cannot arrest you.... so no problem living toghether type relation no one stop you........... your born child will have status also.............. register your marriage ater completion of divorce....................

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 06 July 2014

Mr. Mahesh,

Very tough time is going on to you. My first advice is go for Speedy Trial (CrPC 483 read with Article 227) of 498A and get dispose of it on priority. Then it will be ground of divorce. Once 498A is disposed of then make Speedy Proceedings of divorce also by 21B Special provision relating to trial and disposal of petitions under the Act. For this you have to appear in High Court and file Civil Writ (Article 226) petition and get the direction. If possible do these two cases in-person(Without Advocate). All sample petitions and other clues are there in my posts of the following links. Please read them carefully.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

I would like to rectify the words of Mr rachitsinghkushwha - "just marry other girl" is a crime without getting divorce (IPC 494).

But You can make live-in relationship with any unmarried woman. This is not crime.

Please note that live-in relationship is legal if and only if the girl with whom your doing it is unmarried.

Avoid any divorced / married girl and look for any good unmarried girl.

Please remember divorced girl might have 498A and/or other dispute background.

Please don't make any evidence of second marriage like -

a) Second marriage certificate.

b) Any evidence that proves that the second marriage has been done by the Hindu religious rites (e.g. invitation cards, marriage photo, any eye-withness etc.)

After that, keeping your girl friend in your motor bike, drive in front of her :-)

She will understand what she have lost ;-) Cheers!

If child born in this relationship then also no problem. Enjoy your new life.

Mahesh (Analyst) 08 July 2014

Thanks for your suggestions. I spoke with my lawyer about "My first advice is go for Speedy Trial (CrPC 483 read with Article 227) of 498A and get dispose of it on priority." and he says that it is not as easy as it is said to be. He says that this itself might take years to consider your petition for speedy trial. Is it true? Please advise.

Sudhir Kumar, Advocate (Advocate) 24 October 2014

youhave asked

"Are there any recent judgements where Divorce will be granted based on 498A false allegations. I don't care when 498A will come to an end, but i want to start a new life. "

filing 498a itself is no ground of divorce. Law does not want anyone to be punished for having taken shelter of law.

However when the 498a is decided in your favour, the n you can sek divorce on the ground of cruelity. False allegation doe smaolunt to cruelity.

It appears you r advocate also has same view but is worried about the expected delay.

So as far as delay in trial is concerned you can read again what Mr Rocky Smith stated regarding speedy Trial. You may try this recipie only if you are innosent. If you are guilty and there is evidence against you then these view may not be suitable for your.