swati 13 June 2016

false dv and 498a

The petitioner (husband) filed the case for divorce because of no relationships from the first day of the marriage and in 4 years still not because of non compatibility of mind and the wife denied to have s*x because she was in love with someone else and she said that she still needs time to cope up.after few days she started to react weirdly and hence the husband lost all his love for her and the couple had never got in a relationship, instead live in seperate rooms under one roof.. He filed the case and ask his wife to reply who was ready before that they should legally seperated but deny after the divorce was filed. Now she is in turn put false 498a and dv in return. In mid of all these the husband also got threat from her family that whatever it is,but u have to live with her otherwise we will file a complaint against u and ur family. The husband filed an ncr for this. Now the matter is going to the court where these false allegations are put up on the husband. How to overcome from these situation because now there is no chance that they could ever be together. Kindly guide us that how the court will take these allegations when husband files the case first? Do any chances are there of being arrest during the proceeding of divorce.?

Reply Follow

3 Replies

Vijay Raj Mahajan (Advocate) 13 June 2016

No arrest that per sure, but the best course to resolve this marital dispute is by amicable settlement of issue between both parties. Wife will not agree for divorce unless she is financially compensated and the best course is to work out the amount that husband can afford to pay her and get rid of the failed marriage by mutual consent.

Now to say that husband is not ready to pay a single rupee for the whole incidence that happened against him and his family, than sorry, continue the dispute in the court, pay the lawyers and wait for the day when either the marriage get dissolved by decree of divorce or death reach the parties, which comes first I can't say.

Vakalath (Vakeel No. 1) 13 June 2016

Originally posted by : Vijay Raj Mahajan
	No arrest that per sure, but the best course to resolve this marital dispute is by amicable settlement of issue between both parties. Wife will not agree for divorce unless she is financially compensated and the best course is to work out the amount that husband can afford to pay her and get rid of the failed marriage by mutual consent. Now to say that husband is not ready to pay a single rupee for the whole incidence that happened against him and his family, than sorry, continue the dispute in the court, pay the lawyers and wait for the day when either the marriage get dissolved by decree of divorce or death reach the parties, which comes first I can't say.

Ha ha ha. Had a nice laugh sir. Good reply !

@its is really useless to pursue matrimonial matters in court of law, lenghtly trial, pending cases, and you need to prove allegations and fear arrest? Best way out is mutual divorce. Dont waste too much time behind anything which is not fruitful.