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amitysingh (none)     23 August 2014

Wife want divorce but not ready to take cases 498a

married-2 may 2009

she living separatly from sep2009


filled 498a on oct2012


divorce filled by wife may 2014



two option for me


first--give divorce easily n fight 498a for many years


other --oppose her divorce n ask to take back 498a n divorce her then


what is best choice?

if i oppose lawyer suggesting she is living separtly for five years she has good ground for divorce

please advise should i oppose or give divorce or ask to compromise 498a?





 11 Replies

Srinivasan (IT)     23 August 2014

I am also in the same stage.... No 498a

When my inlaws came to my house to take my wife back without any proper reason & without my presence. My Parents called police and went to police station and wrote in the police registrar that " she is going with parents on her own and with the permission of Husband parents" duely signed by wife and her father and my father.

With the immediate effect I filed RCR and 4 months she filed false sridhan claim case, Maintainence and finnally divorce under cruelty

Srinivasan (IT)     23 August 2014

now she wants MCD but not able to withdraw all this cases before signing MCD

Srinivasan (IT)     23 August 2014

Divorce filed on Desertion or cruelty?


& weather she willfully left your company?

amitysingh (none)     23 August 2014

Divorce filed on  cruelty

Srinivasan (IT)     23 August 2014

Then she need to prove cruelty not deserton of 5 years seperation

if she didnt prove cruelty her case will be dismissed so yu can compromise 498a

Dr J C Vashista (Advocate)     24 August 2014

@ Amity

Your case is fit to be contested tooth and nail, however, you will have to suffer a lot. No case can stand on the given circumstances. She may allege any other allegations as well but cannot prove in the court. Subsequently you may agree for MCD on your terms.

@ Venkitswaren,

Our worthy legislators have provided female with such legal weapons to strike @ her husband (in-laws as well) to entrap them by filing end number of claim case(s), maintenance and divorce under cruelty, hence face them boldly, after all you are a proud Indian male.

sridher (system analyst)     24 August 2014

1 option is best give her divorse and get married and fight 498a u will win definately

good luck

Biswanath Roy (Advocate)     28 August 2014

@Mr Amity,

The complainant wife has to prove by adducing evidences of cruelty and harassment as contemplated in clause(a) and (b) under the explanation of Sec.498-A IPC which is not a easy task.  Besides, the complainant wife shall have to prove mens rea of the cruelty. Hence, if you have sufficient evidences to rebut the allegations of your wife strongly oppose the case.  Simultaneously you may file a case against your wife for malicious prosecution if you desire so.

@Mr. Venkiteshwaren,

Your case seems to be based upon colourised allegations which need appropriate legal strategy for defense.

T. Kalaiselvan, Advocate (Advocate)     28 August 2014

Senior learned counsel Mr. Biswanath Roy sir's experience that flows enriches us with more and more knowledge.  I find his above opinion to be very apt.

@Amity:, Your wife is adopting the pressure tactics on you to trap you, this may end up in more horrors for you, hence, fight back both the cases, i.e., 498a and divorce case.  give her a stiff challenge, let she be confused without knowing your intention about facing the cases.

@Venkiteeswaran: In your case, your in laws have planned and laid a trap for you, they are not interested in the future of their daughter, they are behind money that has been stacked in your safe.  In my opinion, they are looking at their daughter's marriage as an investment and are expecting the return on investment in kind without actually having invested the kind.  Better be alert and stand up to the core to give a tough challenge to her cases by engaging a prudent and sharp lawyer.

amitysingh (none)     20 September 2014


498 A fighter (Advocate)     20 September 2014

my case is mixture of both the cases of Amity & Sukumaran in my case also every thing is under control with the help of seniors and expert i am able to fight against all false cases, thank to them,

only problem is i am getting the long dates approx 30 days or more .... which is very irritating, now present condition in 498A is they are called for evidance notices sent but they are not appearing this happens 5  time now this time notice with fine 500 RS was issued.

she filed divorce at her place but i am not receiving her summons, also she filed divorce five year back which was sent to record room by note that " NOT Pressed" from her side

this time in her divorce application very few allegation are there and are not maintainalble for divorce case

like i used to abuse her , her mother and her Late father, i fight with her and do maar peeth, i left her since last 3 year she came to me but i was not found on my place, i thorown out my baby when she was of 15days only

but in last divorce application filed in 2009 she mentined that i am criminal, terorist. drug addict, i beat her from first day of marriage, i demanded dowry , i force her to act like p*rn movie, at that time she filed 498A

but befor she filed 498A 2009 i filed sec 09 one befor and won in 2010, she came to live with me gave birth to baby and suddenly 2011 she filed now divorce in 2014, the irritating part is slow judiciary process.... but i am having patience and i am fighting to win............

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