IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jai sai baba (No mercy for B)     12 May 2014

Wife not ready to divorce, also made my life hell

Dear legal Gurus,

Wife is not read for divorce and also has made my life hell.

Is there any gurantee of getting divorce after aquittal from 498a.?

I have decided not to live with her, m happy alone but of course, still tied in legal battle unless m divorced.


After getting bail in 498A, she is wandering without any aim but still not ready for divorce even knowing the fact that there is not chance or reunion. 


I dont see any future in this legal battle for her as well for myself.

Please advise if i can get divorce from her in this sacred land of india on aquittal from 498a.?


 8 Replies

Gautam Kapoor (IT professional Studying Law)     12 May 2014

yes. False  498 charges on husband is cruelty based on which divorce will be granted.Do not worry where she is wandering... she is already ruderless having lost matrimonial home,hubby and a moral stand in the society.Then it will be her parents turn to provide a final ice on the cake or nail in the coffin... whichever way you want to take it.You stand on your aim for a speedy disposal of your 498 case and eventual divorce.

laxmi kant joshi (instructor)     12 May 2014

keep all the proof ready with you of her false 498a , win the case and file divorce case on the ground of cruelty because she had filed false case against you it is a cruelty upon you , still now you can also file divorce case even after 498a is pending in the court .

stanley (Freedom)     12 May 2014

You can very well seek divorce based on ‘grounds’ of  'mental cruelties' by filing a suit for dissolution of marriage while living under 'same roof'. It is not necessary that spouses needs to move out from each physically to avail grounds under S. 13 HMA.

Now what you need to prove under'mental cruelties' grounds and they are not that tough to prove.

- Not looking after / serving guests at matrimonial home.
- Not looking after / serving relatives at matrimonial home.
- Not looking after needs of husband as wife's duty.
- Not cohabiting as husband and wife regularly (a marriage without s*x is anathema).
- Without consent of husband leaving home. (reflects deligency on part of husband not to know where wife leaves without consent of her husband every fortnight for 15 days if questioned by society that a couple keeps which is mental cruelty ground)

Witnesses are your friend(s) and relatives / family members. Your cross examination under oath are sufficient.


She wandering without any aim is her problem :-) Now that you have decided to divorce her you have to go ahead and file for it .

Jai sai baba (No mercy for B)     12 May 2014

Thanks gents.

I read at many places that dont file divorce when 498A is running.

let it finish and then u file a divorce.


Do we have any say on this ? filing divorce while 498A is on or after 498a

any pro and cons?


My 498a is fresh and it might take long time (probably 2-3years) , my chargesheet is not filed yet. 

can i file anything in any court to file charge sheet early and get speedy trials.?

stanley (Freedom)     12 May 2014

Irrespective of the fact whether 498 A is going on or not it does not matter much even if divorce is filed by you now as you dont want to stay with her . Each case runs on its own merits .Divorce does not happen over night it takes years . Its your call its your life and its your decision .

Jai sai baba (No mercy for B)     12 May 2014

can she ask for lawyers fees if i file divorce  ?

Saurav (Engineer)     12 May 2014


Mahesh R. Sonawane (Lawyer/Fight for justice)     12 May 2014

yes she can ask for maintenance and expenses of petition u/s. 24...

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query