Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nikhil indian (Struggling )     04 October 2017

Want to get rid off my wife as soon as possible

My wife filed false 498a case against me and my family as well as my nani(my mother'mother).i have all prove against her so thats why due to this pressure and other my wife affair now they are ready to compromise now please tell how can i get rid from this as soon as possible because i am preparing for upsc and i don't wanna get into this anymore. As our marriage has not completed one year so we can't file mcd. So what are step we can take to divorce or if we can nullify this marriage or not. Also what can i do if they change thier mood or demand more or any other things can be happend so Please suggest some advice.


Learning

 13 Replies

Nikhil indian (Struggling )     04 October 2017

Please suggest how to avoid arrest and bail to settle this if they are ready but main point is time of one year.and how to fr or cancel this false fir before one year and chargesheet submission because i don't want my carrier to spoil.

Nikhil indian (Struggling )     05 October 2017

@kumar uncle But the main problem is that our marriage has not completed one year to file mutual. And how can i believe on her to give money at this time. After taking money if he not ready to mutual then what will happened. Till completion of one year what should i do. Either give him money and beleive on him and wait for one year or to fight this case till one year. Pls suggest.

Siddharth Srivastava (Advocate)     05 October 2017

If wife is ready for compromise then settle the issue and resolve the matter. For divorce minimum one year is to be completed. There are ways but the same cannot be shared. Consult in person.

P. Venu (Advocate)     05 October 2017

If the complaint is really false, meet the issue on merits; that, itself, would form the ground for seeking divorce.

1 Like

Nikhil indian (Struggling )     05 October 2017

@sidharth What are the ways and how to settled as we can't file mutual before one year.

Anamika Vichare (Practising Lawyer)     05 October 2017

You can file divorce even before one year of marriagea longwith an Appplication hoing emergency.   But it takes long and it might  pass that one year.   Therefore, jut wait for one year and then file  for divorce on the ground of cruelty.

 

 

Anamika Vichare (Practising Lawyer)     05 October 2017

You can file divorce even before one year of marriagea longwith an Appplication hoing emergency.   But it takes long and it might  pass that one year.   Therefore, jut wait for one year and then file  for divorce on the ground of cruelty.

 

 

Adv Radhika Mehta (Advocate)     06 October 2017

There are cases where Divorce can be obtained before one year but such cases can go either way.  It depends from Court to Court. When a compromise has already been reached, why do you unnecessarily want to hurry and risk the failure of the settlement? To calm your fear, you both can agree upon certain terms and conditions in the presence of the elders of the family and record the same in the form of an MOU.  Though the same may later have no value in the eyes of the law, it atleast serves to show the intention of the parties. Also, in the meanwhile, collect proof of your wife's affair to hold her to ransom incase she changes her mind.   

Siddharth Srivastava (Advocate)     06 October 2017

Mr. Nikhil, the ways cannot be shared on this platform.

Ramesh   07 October 2017

#Sidarht Sir, you are not thinking of bumping her off, are you Sir? devil

1 Like

Nikhil indian (Struggling )     08 October 2017

But mou is not valid in court.. So how can i trust her may be she can again file a case at other place after some time or can be increase her demand of settlement is there any way before one year which is valid inside the court any mou or other documented affidavit so that she can't changes her word.

Siddharth Srivastava (Advocate)     08 October 2017

Nothing to get dishearted. Go strategically. 

Samir N (General Queries) (Business)     08 October 2017

498a is a blessing in disguise.  If you prove that this, or any criminal complaint filed by her is false, and it eventually ends in getting thrown out, then you can be sure to get divorce based upon cruelty by her. You can also file civil complaints for defamation and malicious prosecution. As for bail, there are recent Supreme Court judgments that you cannot get automatically arrested in such cases. Also, there are cases where the police can held liable if they intentionally, knowing your innocence, arrest you.  THey must have prima facie evidence. Do not waste time and money in getting bail. These women just bank on your fear to harass you. THe police will also do so to extract some bribes out of you. Just stay strong with a F**k you attitude to both the police and your wife who filed the case.  Of course, all this assumes that you are truly innocent. If not, this comment does not apply. I am not a fan of those who treat their wives with cruelty or demand dowry just as I despise those women who file false cases.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register