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Madhu (network engineer)     15 November 2013

Would it be advisable for me to file for divorce ?

My wife gave a complaint against me and my family members with 498a and also in that She mentioned me as IMPOTENT.

We tried for a settlement with the help of our common relatives, but they are not showing any interest in settlement and also she did not file for any Divorce.

And also they are saying that she will give me  divorce only if I accept that I am IMPOTENT , even after the report came as POTENT


Would it be advisable for me to file for divorce based on her false allegations? 


 4 Replies

rajendra (na)     16 November 2013

You can file under mental cruelty but you should give her alimony.....

ask her for a mutual divorce under section 13.....if she wants to take divorce as you are impotent background...then it will be a section 12A..but its not easy to prove for her....

so you can do onething play a game with her using common relatives......ask her to file a divorce under section 12 A then prove urself with medical test that u are potent then your 498A case also will get closed.

Generally annulled marriage will not attract 498A.........

Don't trust police and even if they the fact still they will not write in charge sheet..........they will not file B report......

1 Like

Madhu (network engineer)     16 November 2013

@ Rajendra,


it is not so easy to divert her , her brother is a lawyer.


may this be a reason for her to stay calm with out taking any step.


If it really for DIVORCE  even I am ready . ( but  Iam not ready to accept  her false allegation That Iam IMPOTENT )

They have filed all criminal cases and also not coming for any settlement .


And all that time my lawyer says me only one thing "  Keep patience , as u got Bail " , and he also adds let them take a step we can think over that 

rajendra (na)     17 November 2013

hmmmm........they will file criminal cases bcoz of some thing they needed and what they really needed.

Being her brother is lawyer what is the use for her?do u tink is it really advantage?

Even her brother or father is judge still nothing will happen...

only u have to think is file a quash(FIR) irrespective of result...plan a strategy like some people will not put money for cases and they will look for settlement.....this will create pressure on them....

Even my FIL will not ask for direct settlement...even i am not showing 1% intrest to settlement this is also create pressure....End of the day no one like to raom around the courts and indian judiciary is very slow to get the justice........

At the moment think on strategy i would say..........which is the best suggestion to create pressure on them?

Adv. Rajiv (Advocate)     25 November 2013

In divorce, husbands must treat their abusive wives with steeled resolve and the courts also need to understand this. The women in some cases cannot see and reason beyond themselves, But, nevertheless you may try another shot at mediation and attempt to understand why she is bent upon ruining your reputation and that too based on absolute lies. She may be looking for something, and knowing her side of the story would be of great help.
Also, I would like to tell you at the very outset that you should desist from showing eagerness to get a divorce in this case, as the court may draw adverse inference in such a case. But, like you have mentioned that the medical report results showed that you were potent but in the 498A complaint you have been mentioned as impotent. So, this is a clear proof of your reputation being maligned. But, nevertheless you may file other counter-cases, for ex. You may file a suit against malicious prosecution if you have enough evidence to show that the charges made out against you in the 498A case were based on false evidence and the prosecution was knowingly misleading the court.

Adv. Rajiv Malhotra

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