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

Hi as my love marrriage is abt to break due to lot of interference in my family life .i was married in nov 2014 n since then i am staying at my inlaws another flat n paying rent to them as a result they keep interfering in my family and now when i decided to move to my home town they influenced her n want a settlement for divorce which they demanded is not valid .n warning me about legal action on me wat should i do.n wat if they drag me in 498a .as it was love marriage wat evr they gave her daughter is with them n they only abusing me n my family ..please assist

  • ansFirst 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

      Bengali Market, Delhi

  • ansFirst 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

      Bengali Market, Delhi

  • ansdo 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

      District Court, Dwarka, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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