Krish 10 March 2016

Divorce petition after filing 498a by wife

Hi Experts,

I have a query regarding the divorce petition.Could you please clarify?

If wife leaves the matrimonial house and files 498A case on husband\his parents, Can husband file Divorce petition after 3 years of seperation(from the day wife left and on waiting upon three years) in parallel to her case?

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4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 10 March 2016

Yes the said case would be very much maintainable in the eyes of the law. Rather the fact that the wife has filed a false 498a case against the husband , shall stand to be an additional ground of cruelty

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saravanan s (legal advisor) 10 March 2016

two years of continuous wilful seperation is enough to file divorce on the grounds of desertion.

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Krish 10 March 2016

Thanks Augustine and Saravanan sir for clarifying this query.

@Saravanan Sir,

I am from Telangana state (formerly it's Andhra Pradesh before bifurcation). One of my lawyer friends told that 3 years seperation should be needed in this state. I am not sure if it's true.