LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aarti   08 January 2017

Divorce rules

I have heard that if the husband and wife are separeted for 7 years then the relationship is considered as divorced. Is it true. Will the husband be able to marry after 7 years even if dv 498a 125 is filed against him?


 9 Replies

Praveen Goud Vanga (Advocate)     08 January 2017

Dear Friend,

There is a difference, If a person is not known for 7 years then as per law he is dead and the husband or wife can remarry but inyour case he is there and 498A and 125 (maintenence) is pending so if he has to remarry he has to get the first marriage dissolved by getting divorce.


but as you people are not staying together since 7 years his chance of getting the divorce is very bright if he is able to prove that since 7 years you are not witih him.

how ever the cases filed by you will go on.

hope this helps

Praveen Vanga

Advocate (HYderabad)


Aarti   08 January 2017

I dont want to divorce my husband but in my absence mutual divorce has been filed since i had signed it priviously. I have received the settlement amount of 1.5 lacs (50%) and jwelleries of mine given by my parents during marriage. Will i have to return it back? I dont have a good financial condition and staying with my daughter of 4 yrs. In 125 a sum of 5000pm was asigned to me by court but my husband never paid it. Can i request court to adjust the amount ? Plz suggest. Someone said that if we are staying separetely for 7 yrs then court automatically consider the relationship as divorced. Is it true? How can i punish him if he marries?

Sachin (N.A)     08 January 2017

I think your husband should take legal action against you, you cheated him by taking amount for MCD but now trying to widrawing your consent,

How can you "adjust" the amount ? Why didn't  you "adjusted" during your married life.?

P. Venu (Advocate)     08 January 2017

You yourself are confused. How can we suggest any remedy?

Aarti   09 January 2017

Mr. Autohide and Mr. Ramesh i feel u r not advocates. U are not ordinary person who are undergoing court cases. Wen ur hand gets bacterial infection do you cut ur hand and fit another? I feel the answer is no. I too have the same problem i have a daughter of 4 yrs, since i was 3 yrs pregnant i too care of her and mine financially and mentally. I gave her birth since i love my husband i want him to realise his faults and come back. Plz dont comment to hurt if you font know the truth. I needed suggestion moreover sirs i am not hurt since hurts are brimming and can never be cured. Still i am indian one man women responsible for motherwood. I request you to plz respect women. I wanted the same from my husband and in laws. But they never gave me that inspite they laid hands on me. I had to file 498a just to make them feel they are wrong. Mine was a love marriage turned to arrange with all materials they demanded. My parents were against of our marrige so they will never come between to solve and discuss rather they want a divorse. Plz once again respect women. Sorry if ever i hurt u.

Aarti   09 January 2017

Sorry it is 3 mnth pregnant and not 3yrs

Left ALone (business)     12 January 2017

Hi Friends,

Ok Aarti I really Understand the situation You are going thru. But Let me ask you something ??

You said you were 3 months pregnant and as you said that you gave birth to your baby as you loved your husband (I gave her birth since i love my husband i want him to realise his faults and come back). Why should a Husband and a wife like you who love her husband should file a 498 case as i know any husband and wife should handle their personal issue within themself rather than involving others. now do you think after filing a 498 case against him will he accept his fault and come back to you. If you ask me i would say he would definetly accept his fault but will never come back to you bcoz of the humilation. but still i would pray that he comes back to you as its not easy for a mother to raise her kid alone and think about your daughter what will she think if people will ask about her dad. so its always better for husband & wife to rsolve their differences within themself rather then going for extreme steps



498 prey

Sachin (N.A)     15 January 2017

Many ladies says that they only want to teach lesson to their inlaws so they filed the cases of 498a and other cases.

But why her mother ( means mother of Mrs 498a) don't do the same, when there is problem with her husband.?

Why these Mrs 498a do not file any case on her parents in any circumstances?





Adv Aneesh Trivedi 9424449500 (Advocate)     17 January 2017

My wife filed 498A in aug09 i took her back in dec 09

i filed sec 9 in july 2009 i won it in feb 2010 daughter born in may 11 i win 498A in sept 2016

she left me in june 2011 when daughter is one month old she is not allowing to see my daughter to me since then . she lost two divorce case filed by herself in first in 2009 sept and other in march 2014

now my question is without my fautl she filed 498A but i still forget all and welcome her. when she reside with me 498A was running and she sending summons of diovrce till march 2011 remember she is with me since march 10 to june 11 but notices came till march 11 from sept 2009.

so you can imagine who was wrong? who is maliciously playing game //

when she left i went to take her and baby back but she misbehaved. last decemenber also i went , but useless , yes i am doing my duty ... also it is court wish but what she doing ?

so in short life is not work on 498A, even though either side is leanent or submissive so once 498A is filed divorce is the last and final destination, no side way so better go for MCD. and live antoher life happily...

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query