Should i file for divorce first or wait for my wife to file against me

532 votes

do you want divorce or want privacy from your in-laws?
if you want divorce then you file divorce petition in court and proceed as per law the settlement amount will be decided by the court as per financial and living standard of the party.
if you want privacy for that there is other way of doing things.

Advocate Yogesh Kumar Vidyakar LawRato

760 votes

First of all as per Hindu Marriage Act you cannot file divorce petition before elapsing of one year period since your marriage.
Now coming to your concern regarding section 498 A case, in the light of a recent Supreme Court judgement lodging of FIR under section 498 A of IPC does not tantamount to automatic arrest so relax on that ground also.
Now coming to your concern regarding your problem on the marriage from your mail what we can gather. The problem is too much interference on the part of in-laws as you have not written anything your wife. I would say this is epidemic which is spreading very fast and a common problem with most of the married couples, so I would suggest if you have no issues with your wife try to settle things out by mediation either with the help of relatives/ friends and/ or Court.

Advocate Priyanka Singh LawRato

723 votes

First of all none of you can file for divorce until the expiration of 1 year of your marriage.
As you marital period is very short, I think you should first explore the possibilities of giving your spouse a chance. You should talk to your wife on the issue. May be you can go out for a vacation and spend sometime together and discuss the issue with her there with a calm and composed mind. Take her into confidence, show your love and care to her. Make her believe that the step your are taking is the best for your career and relationships.
I would never advice you to go for divorce at this stage.
From the limited information shared by you it is clear that it is your in-laws who are creating problems and not your wife. As long as your partner is not against you, there is no point taking extreme steps.
Also regarding your apprehension of false prosecution u/s 498A, the recent Supreme Court Judgement {Arnesh Kumar Vs. State of Bihar] has given a lot of relief to the husbands and his relatives against arrest in cases involving punishment of less than 7 years. So such a case would not mandate a compulsory arrest.

Advocate Ajay Vikram Singh LawRato

404 votes

Although there are disadvantages to filing divorce first in India, it may also have certain benefits when both spouses wish to end the marriage. A contested divorce is usually a time consuming process and can go on for years. Therefore, filing a divorce petition instead of waiting for your spouse can at the very least hasten up the process. Also, filing for divorce will give you the opportunity to set forth your positive case first, instead of meeting the allegations which your spouse may level against you in her petition.

Advocate Chikirsha Mohanty LawRato