Romesh Somani (Software Engineer) 24 December 2013

Divorce procedure after false 498a

Hi,

I am a software engineer working and living in jaipur (Raj.). I got married on 14th feb, 2013 and after approx 2 month my wife went to his father's house and did not came back till now, and after going to her father's house her family filled a case in mahila police thana in jaipur for impotancy, fraud and domestic violance etc.

After investigation by police they gave me FR for this case and submitted their report to the court cz this case FIR was filled throug ISTGASA and now court has approved my FR and rejected their verbal request for proceed or reinvestigate this case further but court denied their request.

So now i want to know what is the option left for me to get divorce as soon as possible after getting judgement of this false case.

Please advice, thanks in advance.

Romesh

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6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 December 2013

filing false case comes under cruelty and on this ground you can file a divorce against her under section. 13(1)(ia) of hma

Laxmi Kant Joshi (Advocate ) 24 December 2013

if she is ready to give it back then don't waste time and make sale deed in favour of you , go for mutual concent divorce it is the fastest and easy process for divorce .

Laxmi Kant Joshi (Advocate ) 24 December 2013

As it is proved, that she had filed false case against you, it is a cruelty upon you and on this ground you can file divorce u/s 13 1(i-a) hma .

fighting for my brother (HR) 24 December 2013

Congrats Romesh.... Thanks To jaipur police..... this is first time i am seeing on this forum where IO has done his job properly... closed the case in police station itself.. otherwise these IOs are so corrupt people who just take money... forward the case in court so that case keep on dragging for years...wasting valuavbe years of people..supporting wrong people...

Romesh Somani (Software Engineer) 24 December 2013

Thanks Mr. Laxmi Kant Joshi ji, as you said "mutual concent divorce it is the fastest and easy process for divorce" but according to my lawyer in mutual concent divorce still i need to hang on for divorce for 6 months after applied as this is a standard process for divorce. I want to know is it true or is their any other way to get fastest divorce.

T. Kalaiselvan, Advocate (Advocate) 24 December 2013

In mutual consent divorce the time is fixed for 6 months but a divorce on other grounds may take time which cannot be predicted, it may take years together, choice is yours.