sanjeev001 (executive) 29 February 2012

If 498a filed after divorce petition by husband holds water

hi everyone,

kindly advise me on this topic, i wish to file a divorce petition, on grounds of mental cruelty, ours marriage is less than 1 year, it will complete a year in may2011, my lawyer has told me it can be filed within one year for mental cruelty, i know that once i file the petition, a 498a case will be slapped on me by my inlaws. i would like to know , in such a situation does the 498 hold much weight, as wife had ample time to file a case if she had problems with me before filing of petition, i took her to the womens cell on my own to let her have her say, but she did not remain present for the next hearing. now if i file a divorce petition, and post that a 498a case, will it hold good for her, kindly advice. thanks

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3 Replies

Tajobsindia (Senior Partner ) 29 February 2012

@ Author

Aye….

Tell us which Indian Husband in his right mind takes himself his errant lady to a CAW Cell ?

Anyhow above beside the point straightforward remedy to your query is to file first and lead way into family law litigation and end up one way or other instead of "after a fresh punk style haircut lying under a coconut tree and waiting for a coconut to fall on your head" and thus devastate your precious youthful years J

Reasoning:
Some questions in family law are like Newton’s Third Law of Motion uff oh..........

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Arvind Sehdev (Advocate) 29 February 2012

Sanjeev file a sec.9 HMA application for restitution of conjugal rights... stating the reasons she went away and that you are still want her back as you miss and that kindda stuff which your lawyer can prepare for you.

she will obviously wont come back to you or give her answer in court.

and if she doesnot come then file for a divorce..... mostly the women parties are ex-partie in these cases.

This is the only way you can reduce the effect of a 498a terror.. which is for sure coming towards you in any case.

anyways any more problems or queries... llemme know...

Bye

KNK A Learner (Learning to share) 29 February 2012

ha ha ha ha hah ...... The reason being good fan of TAJobsIndia is his way of write ups. Any way, I will share my own experience, I filed divorce, after recieving Divorce Summons wife filed 498A, DVC, MC Etc. with all known allegations in it. I was suprised the police and other helped her, but later i realised that the police and others are thinking that the marriage was any way broken, so if we file the case the other party will atleast come to the negotiation table and the lady can extort huge money and the police will have their share.

Now tell me. Do you have enough guts to face this, then go ahead as TAJobsIndia suggests else choose some good mediator to settle the issue amicabily by paying huge amount depends on your luck. I will follow TA