LawRato

1) 2Boys[11Yrs & 6Yrs] stays with me 2) Wife left both Kids with me 6months back. 3) She Filed fake


13-Feb-2023 (In Divorce Law)
1) 2Boys[11Yrs & 6Yrs] stays with me 2) Wife left both Kids with me 6months back. 3) She Filed fake 498a & DV case on Mother & Sisters 4) Mother stay in 1st Floor whereas we used to stay in GroundFloor, and Sisters stay at their Matrimonial houses 5) Chargesheet filed and Mother & Sisters names are removed from it in 498a case. DV Case is still in Notice stage 6) Wife was and is Secretly Speaking ExLover[Exlover is Constable] even after objection many times in 12 Yrs of Married life. 7) Wife's Brother [my Brother In Law] is in support of me, he is ready to give statement that 498a is false 8) On what Charges & When can apply for Divorce? Will it be strong case for Divorce?
Answers (5)

Answer #1
847 votes
1. Case of Divorce can be filed by you at any time. However, it would be in your best interest to file divorce case at this stage 2. Various grounds for divorce can be taken for eg cruelty and adultery. 3. Even filing of false 498A is a ground for divorce as it amounts to cruelty. In case of any further queries feel free to contact me
Helpful? LawRato LawRato
Advocate Kunal Seth

Adv. Kunal Seth

LawRato Delhi | 700+ Answers
Chat with Advocate Kunal Seth Chat 
Answer #2
929 votes
If the behaviour of your wife is intolerable towards you then rather dragging your relationship you can always file for divorce against her. I would suggest you to go for mutual divorce because it is less money consuming and ends up in maximum of six months. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
Chat with Advocate Jitender Singh Chat 
Answer #3
688 votes
It is a strong case for divorce wherein you have multiple grounds to file it. Along with divorce, you can even initiate other proceedings, depending on the true facts of the case. If chargesheet is filed, you can even approach the High court for quashing of the said FIR under section 498A. you can apply for divorce at the earliest instance as there is no bar for it under the circumstances you mentioned.
Helpful? LawRato LawRato
Advocate Rohan Sharma

Adv. Rohan Sharma

LawRatoDelhi | 200+ Answers
Chat with Advocate Rohan Sharma Chat 
Answer #4
987 votes
I hope you have obtained bail from court if not then apply for bail first then go for quashing under section 482 Cr. P. C In quashing obtain stay in 498 a Matter from high court. if still demand divorce then let the court decide on ground on which she is demanding divorce
Helpful? LawRato LawRato
Advocate Prasanna Mohan

Adv. Prasanna Mohan

LawRatoDelhi | 25+ Answers
Chat with Advocate Prasanna Mohan Chat 
Answer #5
858 votes
You need to hire expert advocate in this regard ! Rather you must do your home work prior to she filed the cases. All your contentions are ground of cruelty n adultery ! Kindly b in touch to understand the legalities in this situation ! Thanks
Helpful? LawRato LawRato
Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
Chat with Advocate D. Khan Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato