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Anusha (Software Engineer)     09 December 2014

How much time it take to get divorce

1) I have filled 498a on my husband and his family 

2) I have proof as only SMS - asking for dowry from my husband from 1 year , Tell me how much time it take to prove in court and get divorce 

3) He is not interested to give divorce and he is asking me to come home from last 4 months.

Please give advice or solution



Learning

 9 Replies


(Guest)

Hi Anusha,


First the 498a case should get over it take (6-7 years time)

About this SMS, it should be proved that the sim card belongs to your husband, and then only such SMS can be treated as evidence where he asked dowry from you.   The mobile device used for sending such SMS should also belong to your husband, only then such can be used as evidence against him.


For divorce, there are 2 ways, 1 is MCD, which get over in 6 months time. 2 is contested divorce, which wont get over until its 7-8 years, if your husband contests your divorce petition, you will get divorce based on merits of case by 2022.


if husband wants re-union, go back to him, resolve differences, dont go to court just for the sake of it.

Always remember this, a known devil is better than unknown devil.  

My advice is, better go back to husband.  Going through divorce will be hell.  And after divorce it will be another hell to search for suitable partner.  Better go back to husband.


If things cannot be resolved at all, better take Mutual Consent Divorce, and part ways like gentleman in just 6 months time.  All the best dear.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

Reply to your second question:  Asking dowry is punishable offences under 498a of DP act, not divorce act.  First it should be proved that he asked dowry.  Then based on that you can file divorce, which he may contest, and it will take lot of time to get over.  Best way out is MCD.  Getting divorce is not that easy dear.

 

Sir FIR filled in august till now no summons came to me to attend court. please advice .

how much time it take to hear a call from court ?

 

While counselling investigation officer also saw the messages , he also scold my husband for messages. while seeing messages i think court will also feel that he is bad and give divorce and put him in jail ? 

 

Lady, its not that easy, you are in so much hurry !

Courts in India are delay centers.  Courts work on basis of law, and not what you think.  Have patience or go for MCD, convince husband to agree for divorce, go request him, fall to his feet, do whatever it takes but make him say YES for divorce.

Anusha (Software Engineer)     09 December 2014

Hi Sir , 

Sim is in his proof and mobile i have gifted him for his birthday using my credit card.

thanks So now he will be punished and i can get divorce easily,

I think my husband will be proveed as accused so , i can get divorce in 6months without his permision. thank you sir. this is the answer i am expecting

Anusha (Software Engineer)     09 December 2014

Sir FIR filled in august till now no summons came to me to attend court. please advice .

how much time it take to hear a call from court ?

While counselling investigation officer also saw the messages , he also scold my husband for messages. while seeing messages i think court will also feel that he is bad and give divorce and put him in jail ? 

SuperHero (Manager)     09 December 2014

·        From Last 4 months he is asking you to come back meaning he wants to live with you.

·        People do mistakes and there is no body perfect out there.

·        What are your plans after divorce?

·        You want to marry again. Both will be called Second Hand. It will take lot of time to find a suitable partner for both of you.

·        Think Carefully. If there is adultery or cruelty, then Life is important. 

 

·        If the Problems are minor (Ego differences) and if it can be resolved then adjustment and compromise is the best way.

·        Pray to God sincerely with Love and Devotion to give you the right advice or suggestion.

 

·        Good Luck!!

 

 

Fight for justice (Consultant)     09 December 2014

Dear Anusha

Marriage is a holy relation.Unsure why are you not interested to continue this relation.Be informed that , it takes many years to complete the divorce formality.By the time it gets completed you will loose your crucial time and a bright future.I have a peculiar experience on this and hence suggesting you to sort out this matter amicably instead following the legal procedure which normally led to lots of mental agony .

gd luk (gd luk)     09 December 2014

nice advice. kudos to every advisor.
feel if everyone follow this advice, thn judge of hon'ble fmly court hv no work.

T. Kalaiselvan, Advocate (Advocate)     10 December 2014

I think you are in a total confused state of mind as to what to do and how to avenge your husband for his arguments with you (which you feel that he dominates you  or bla bla);  You have lodged a police complaint based on misguidance by your  people or friends or your own misconception or may be it would be a fact, but that alone will not constitute for this drastic action by you against him, there may be some other facts which are not told by you.  However, since 498a is  police/state prosecuted case for cruelty against you by your husband or his relative and if added with 3 or 4 of DP act for dowry harassment, you decide about following it up through public prosecutor.  The divorce case is under civil law to be filed by you in the future.  If you very sincerely feel that there are no  chances to save the sacred institute of marriage between you and your husband and it is irretrievably broken beyond any repair, you may decide about filing a divorce case but the burden to prove your grounds for divorce will rest on  you.  This case may take years to get disposed especially with the given burden the courts face these days, it may take even upto five years, so think and take wise decision.

Capt Jack (-)     12 December 2014

@ Anusha :

 

Q.  How .......... Divorce

 

It absolutely depend on who files first for divorce ...?

 

Sole specific end or  strategy  be kept in above sentence.ok

Anusha (Software Engineer)     18 December 2014

Sir , Please advice any Other lawyer in andhra pradesh - vishakapatnam expert in dealing divorce / 498A cases

I want divorce as soon as possible.


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