Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Need_Help (xyz)     11 September 2015



In brief,

1.Wife has ragisterd the 498a,504,506 against me and parents, we have got the bail so no issues.

2.Last 16 months ,we both are staying separately.

3.Police has filed the chargesheet, but no trials happened yet.

4. Wife is earning more than me.

I want divroce now, should i file divorce petition is the court ? What are the adavantages and disadvantages for me if i file divroce at this stage ?

How to come out of criminal complaint and get the divorce?

What about alimony amount ? What is the law  for alimony/maintanance if i want divorce ?


Thanks in advance


 5 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     11 September 2015



See if you feel that all the allegations made in the FIR against you were false and baseless, then you should take the advantage of the same and file the Divorce on the grounds of cruelty.

But if you feel that she can prove them and get u convicted for those offences, then I feel you should first focus on criminal complaint and then plan to move further.

Warm Regards

 Kapil Chandna Advocate


Joseph Miller   11 September 2015

Yes, you can file divorce on the ground of cruelty due to flase 498a.

Nitish Banka (lawyer)     11 September 2015

file divorce on grounds of cruelty

saravanan s (legal advisor)     11 September 2015

if you could prove before court that the allegations in 498a and other criminal cases were baseless and if you are aquitted by the court then based on the false cases she filed on you can file a divorce case on grounds of cruelty and get divorce from her

Sarmmarmbb (goi)     19 September 2015

Perfect advice of Mr. Kapil Chandna.  Without any further delay, go and file divorce petition incorporating all the false and frivolous allegations levelled by the so-called abla nari. But be sure the allegations, she cannot prove at any stage.

Best of luck

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