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Victim_Kol (Middle Executive)     10 March 2010

Guide for Divorce

My wife has filed a 498A/406/34 IPC against me, my mother and sister last year. She had also undergone abortion at her own will and stated that I have tortured her to kill the child.

She has also filed a Cr.PC 125 and an interim order has been passed recently. Trial for 498 has not yet been started. Only we have attended the court twice after the bail. Next appearence date in in May 2010.

Is it advicable for me to file Divorce through civil court right now ? My civil lawyer is advicing me to do so.


 12 Replies

Rajesh Kumar (Advocate)     10 March 2010

Avoid Divorce.

In my experience I have felt that in due course Girls are in a hurry for divorce. Let her file for the divorce. It will serve two purpose- firstly if she is very keen for divorce, you can bargain with respect to 498A; and if you want divorce, you can get it simply by refusing appearance in family court.

In fact a criminal proceeding is pending against you. It is not advisable to open your defense in a civil proceeding, as it will help prosecution in plugging the loopholes in story. In fact this may be a valid ground to try to get the stay on any divorce proceeding, if your wife decides to file.

Kulveer ( )     10 March 2010

Hi Rajesh,

Recently in news paper I read that false 498A is no longer will be considered as mental cruelty as earlier it was considered mental cruelt and person gets expartite divorce after winning 498A. Is that correct and if it is correct then I think that even after winnig 498A persont will not get expartite divorce now.

ad. creaminall (professional Advocate)     10 March 2010

Hi Victim_kol,

     advice of rajeshkumar is proper. I agree with him.

Rajesh Kumar (Advocate)     10 March 2010

Why are you so worried divorce?

See, if any party (husband or wife) does not want divorce, the other party will keep on fighting case for a lifetime without any result. That is the beauty of our system. Thus you will get divorce, only if your wife wishes it. Let her wish first. Even if you wish, keep it concealed.

Victim_Kol (Middle Executive)     13 March 2010

Thanks Rajesh for ur kind suggestion. In fact My Beloved wife is not in a mood to divorce me. So if I file the suit, it will be problem for me to get it from her.

Rajesh Kumar (Advocate)     14 March 2010

The term amicable settlement should be defined. Whether giving money for fear of false prosecution is amicable settlement? Law says it is extortion.

Naming extortion an amicable settlement is in fact an encouragement of such extortion. 

S.B _Kolkata (Service)     14 March 2010

Rajesh kumar sir greatly explaind the term "amicable settle". Hats off to you...

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 March 2010

mr rajkumar, mr rajesh adviced you a good strategic line. well planed.

what do you think about rcr?

by this way you calling her to join matrimonal home as well as duties, you already facing 498a etc,  naturally she will not join.

S.B _Kolkata (Service)     16 March 2010

To all advisor,


Since the giving birth of my child (before 08 month) My wife staying in her father's house unnecessarily and tried her best to get separate me from my family regulated by her parents. Also she want more money in every month from me stating that she need to clear all dues to her father. As on today after our several request by letter and sms she started to accused us( me & my family) for the mental as well as physical torture. I received some sms from her at where she showed her intension clearly for not staying with my family. In this regard, I apprehend that she may file false 498a/DV case against me and my family. bUT STILL i AM SENDING HER MONEY IN EVERY MONTH. So what best action should I take to prevent my family first from the false allegation and subsequent harrasment. Please advise me at the earliest.







Keep a proof of whatever you are sending her on monthly basis. Try to gather the proofs where she is threatening you and your family of false 498-A etc.


Record your conversations with your wife where she admits that you have never given her physical torture.


These things will help you if she files false cases against you and your family.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

good suggestion by mr cool

Victim_Kol (Middle Executive)     19 March 2010

My wife had filed a Cr.PC 125 on July 2009. In the month of February 2010, I received the order from the court to pay an iterim maintainance of Rs. 14000 (@ Rs. 2000 p.m. since July 2009 - Feb 2010).

Now last 16th March I had appeared before the court and paid an amount of Rs. 3000 as the first installment of Rs. 14000 in front of the Judge. The Judge at first was not agreeing for only Rs. 3000, but later he himself distributed the installments as Rs. 3000 x 3 months  + Rs. 2500 x 2 months (Total Rs. 14000).

Now  from my wife's side they asked the Judge about the Permanent Maintainance case. Replying to tehm the Judge asked for the Petition. But when the first summon for the Cr.PC 125 came to me, there were two petitions in it, one for Interim and one fro Permanent.

My lawyer told me that the Judge has put the obligation upon my wife's side to submit petition for Permanent Maintainance. Then what does the prvious petition of Permanent Maintainance denote which I got earlier ?

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