Accounts Executive

Dear all professionals

 Actually my frd wife file false case of dowry in U.P. and then threatend by 498-A . She has poltical background also in U.P. and we are reside in delhi. We are ready to finish this realtionship after this act but she is not ready for divorce. She is living with my frd house forcely but he had no phy realtionship past 2 yr. She threatend all family and full fill all his legal or inlegal wishes and said i m not going this house.

What should we do for divorce. And how to handle this case can't understand.

Pls help me.




practicing advocate

File a divorce petition.  Your frnd will have to contest the case, no other way.



hello anu,

 First you will file Sec.9 petition against your wife for restitution of conjugal rights. if she is not ready ro join u, Thereafter you will approach the Court for divorce by taking one of the ground she failed to join you.  If you directly approach the Family Court for divorce you may not prove before the court about her fault by living separately as she may took false pleas in her counter by stating that due to your cruel attitude she has been living separately.  more u can send your details of case on my email id- sothat i advise u accordingly.


pooja parekh


file divorce on grounds of cruelty.


 No, the case is not easy as per it seems..... Infact, i would like to draw attention by the post of Ms. Pooja ( hereinbefore) on a particual point that an application fr restitution is not maintainable as the wife resides wth the husband, and not in a consent to end relationship..... Indeed it is also not a case of cruelity ....... !!

Further, as per the querry by Anu, it can be reveled from the post only one ground that can satisfy the criteria for dissolution of marriage..i.e. non- conjugation but it is a bit undigestible as well as tough to infer for the same as the wife is residing with the husband with non- desire to divorce .... rest thing left is the emotional threating, criminal intimidation for  whatsoever ( as clearly not mentioned in the querry) can be better placed in a petition U/s 13 H.M Act, 1955 upon exclusively proving a fact that continution of marriage has no fructuous purpose and is emotionally dead as observed by the Apex Court in manjority of cases ....

Be in touch ..

Ajitabha Pandey


Out of Court

A Complete Legal and Paralegal Solutions,

Total likes : 1 times

Accounts Executive

"File a divorce petition.  Your frnd will have to contest the case, no other way."


Thanx 4 ur advise sir but divorce on which ground all laws with girls side.

If girl not ready then how law help us. Pls explain.



Senior Partner


@ Author

It seems from the given briefs that whosoever this wife is of i.e. your brothers and or your friends (as your opening three lines are confusing) is having a gr8 going i.e. DP3 + threat of S. 498a IPC and meanwhile enjoying the fruit of a 'residence' !

Problem is only of divorce it seems to this male person in the brief.

Solution to such problem is counter case filing against the 'wife' and or her family.

If this is too much to do then offer her what she wants and carry forward, like offer the house to her which she is squatting upon as well as if there is money demand from her side then give that too and get this male spouse re-married or fix him in a live –in relationship without a decree in divorce.

Now, she is bound to file a case of 'bigamy' upon him and in turn 'divorce' will happen. The ‘residence’ gift as well as money as what she asked paid to her will be considered at the time of decision on Alimony part !

Fast and sweat way to circumvent the situation if you all don't want to go on offensive mode be it if this is a case of UP.  


Total likes : 2 times


agree with taj of india sir , for more details join SIFF also go thru and similar sites meant to help downtrodden males.


I agree with Amitab Pandey.  Absence of s*xual relationship is a form of cruelty.  Sexual co-habitation is the prime requirement and the natural result of amrriage.  Where it is absent what is the use?


Better your friend should fight rather than begging or hiding out of fear that politics may be a ground support to his better (?) half.

Accounts Executive

Dear Sir/ Madam,



I m sharing the problem with one of near one (Ajay-male), Nidhi-wife

wife of Ajay belongs to interiors of UP and Ajay belongs to Delhi, The marriage proposals and proceeding started thru internet and both the parties came together and finalised the matter and both got married in April'2008 in Delhi   


About after a month of marriage the Nidhi was not fully satisfied with her in-laws on a/c of she wanted to create her own dynasty there and she began to ask about the investment u have and what u earn and what r the bank balances u have and all other money related matters etc., also tried to over come of her mother in law to do her own ruling in the house but ajay's mother (old aged widow) is still living in good. And Nidhi was not able/ready to accept the culture of Delhi and of a good hindu family. And usually she always used to discuss all the things happened at her home (in-laws) with her mother which was never liked by the boy and his mother,  and a liar nature of the Nidhi always created panic at home. In the meantime she was pregnant and was not doing well due to health problems, Nidhi gave birth to a girl child but the new born baby could not live longer and died within a couple of days. But no sign of improvement, discipline and maturity was found in Nidhi and she was acting and behaving more arrogant and mad. 

All such of her activities were only ruining their married life and all these were duly informed to her parents. once she said (lie) her mother on mobile phone that her in-laws are going to ablaze her by chance her husband was there and he listened all this and scolded her a lot and spoke to her parents at UP and also called her brother to take her with him and better to give her a treatment (psychological) and also asked for a written affidavit stating that the girl has malafide intention, can do suicide, and no body from the side of her in-laws would ever b responsible if any of the wrong step taken by her, whatsoever complaints she has have no significance and baseless. But no body from her family was ready to give such statement and the heavy fight of hot word between both the parties starts from here.  


That day (1st week Apr'09) Nidhi was taken by her brother at Noida and Ajay refused to stay with this kind of girl who is immature, lier, irresponsible in nature and can take any serious step  either with her life or with any of family's member. later two or three meeting were held to sort out the matter, but no result was coming.

And at last in Sept'09 without discussing and informing the Ajay's family Nidhi lodged a complaint stating a very big bogus story at UP (her mother's home) U/S 498A, 323, IPC SEC 3/2 Dowry prohibition act and so on agst her in laws also published a bogus article in daily news paper at UP stating that the girl is being harassed for the demand of dowry and thrown away by in-laws. 


About on 10th Oct her parents, brother along with 6 cops of UP Police arrived at Ajay's residence at 7:00 am in the morning to arrest him and 7 other family members as co-accused without giving any prior notice. 

However they managed a transit bail from Rohini court, and appeared before UP court after 10days, but even though they r not granted bail by the session court there, as in 498A only high court has the power to bail, they all disappeared from the court and managed a Arrest stay from Allahbad HC till the  charge sheet is filed, But Ajay and his family members are put in dark and assured that the case is finished now and Ajay and Nidhi can live together, and Nidhi came back from her mother's home with Ajay in the last week of Nov'2009.And soon after coming back to delhi Nidhi begain to the job in private school she is know well stand to earn her bread and butter  and they both are living together till now unhappily as the case of 498a is still pending. And the most important thing is at Ajay & Nidhi have no physical relationship for the last 2 years inspite of living together under one room.


And the charge sheet is filed in june by the IO duly mentioning that all the charges duly found positive and they are all guilty and should b punished. And the session court began to send summons to appear before the court. Somehow they rushed to Allahabad  HC again and got the case referred to Mediation centre, till now there is no date for counseling is issued by Mediation Allahabad even after 90 days from the order date of HC.  

Finally Ajay does not want stay with Nidhi. 



Now we need ur advise 

1) How can Ajay file the divorce case? Under which sections in HC/SC

2) How can Ajay get the court's order that Nidhi should not b allowed to stay with her in-law till the case is not finished.?

3) What sort of other complaints can b lodged agst, girl and her family.? on a/c cruelty and threat always given by Nidhi.

4) can the case be transferred to Delhi HC? 


Pls. farward your mobile no. to contact you.









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