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How to file for divorce on 498a false complaint
17-Jan-2023 (In Divorce Law)
My wife and her family lodged a complaint of 498a on me and my family but no fir was booked. we have been separated for 2 years before she lodged a complaint. There is no real evidence for the complaint. We have gone for 2 counselling sessions and the 3rd one neither of us attended, meanwhile they sent a compromise through a mediator before the 3 sessions, and we agreed to pay certain amount to go for mutual divorce. Since then there no correspondence from either the police nor from her family side. its been almost 1 month, what action should we take and what are our options. Can i file divorce on cruelty based on a false complaint.
Hello,
As you mentioned that you were ready to pay some amount towards mutual consent divorce, you call your wife and parents and inform the same again. Why are you wasting your time waiting for their call? Sooner the better. Call them and inquire what are they upto? If they are still ready to compromise by taking some amount for MCD,it's good. Otherwise go for a contested divorce under cruelty ground and establish her cruelty in the court. You will get divorce. If you need my assistance or advice,you are free to contact me.
As you mentioned that you were ready to pay some amount towards mutual consent divorce, you call your wife and parents and inform the same again. Why are you wasting your time waiting for their call? Sooner the better. Call them and inquire what are they upto? If they are still ready to compromise by taking some amount for MCD,it's good. Otherwise go for a contested divorce under cruelty ground and establish her cruelty in the court. You will get divorce. If you need my assistance or advice,you are free to contact me.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI
Since the conciliation procedures have failed, you have enough grounds to file for a divorce on the grounds of cruelty.
Also police cannot register the case now as counselling has failed because of your wife's non cooperation.
Since the conciliation procedures have failed, you have enough grounds to file for a divorce on the grounds of cruelty.
Also police cannot register the case now as counselling has failed because of your wife's non cooperation.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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You may file divorce case on the ground of cruelty, if it is found that 498-A is a false complaint. That since 2 years were elapsed both of you were separated, you may also take a ground of Desertion which will serve the purpose.
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Adv. N Venkateswara Rao
Hyderabad | 25+ Answers
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