Anon P. (None) 13 August 2021

Would wife file 498a if i file for contested divorce?

Wife filed false DV Act case last year. I want to file for Contested divorce as she is not agreeing for mutual divorce.

If I file Contested Divorce now would she file false 498A?

I would like to know if one has to expect false 498A from girl upon serving contested divorce notice ?

Quick Summary

If you're planning to file for a contested divorce because your wife won't agree to a mutual one, and she has previously filed a false DV case, you might be wondering if she'll file a false 498A charge. Legal advice suggests you should be prepared for this possibility. If no case has been filed yet, consider applying for anticipatory bail. If a case is ongoing, exploring compromise options or filing a petition to quash the complaint with the High Court might be advisable alongside the divorce petition.

2 Replies

Advocate Bhartesh goyal (advocate) 13 August 2021

Yes, be ready, she may file.

minakshi bindhani 15 October 2021

As per your concerned query!

your query seems dubious. Has she already filed a DV case against your or is about to file it?

If she hasn't filed any case against you and you apprehending she might be able to file a case against you. You may proceed with anticipatory bail under section 438 of the Code of criminal procedure.

or if she has already filed a case against in such a case, try to compromise the matter before Lok Adalat under the District legal service Authority. In the meantime, file a divorce petition. Apply before the High Court to quash the complaint.

Hope it is helpful!
Regards
Minakshi Bindhani