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Divorce filed by husband and false 498a complaint by wife
29-May-2023 (In Divorce Law)
from Ludhiana. My wife living separately from me for more than 3 years. She lived with me for just 11 months after marriage. During these 11 months her behavior was very cruel to me. In 2017 I filed divorce petition on ground of desertion and cruelty. Then after this my wife filed false 498a and 323 against me. She also filed 125 and 24 sections. I was called upon by Women cell and Mediation center. They did inquiry ans girl's complaint was proven wrong. Then she moved to high court to re inquire the matter and basically trying to lodge FIR against me. She also filed section 9 against me. Please let me know what should I do and can I get the Divorce in these circumstances?
As per your query your wife has filed a case of 498A against you, but she did a mistake while filling section 9 case, that means , she wants to stay with you and she herself has condoned the cruelty , which will help you in all your cases. Do not worry..
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Adv. J.C. Kaushal
Mohali | 100+ Answers
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Can I file divorce after filing 498A?
Conclusion: The acquittal in a case 498A is not a ground for divorce. However, it can be considered evidence that the wife intended to abuse her husband mentally, and this could be used as a ground for divorce. In this situation, the husband may file for divorce based on cruelty. 18-Feb-2023
Is 498A cruelty allowed in divorce?
Divorcee wives can also bring charges of violating section 498A if they allege that the abuse and harassment occurred while the marriage was still in existence. 20-Aug-2023
What is the limitation period of 498A?
According to Section 468 CrPC, a complaint under Section 498A IPC must be filed within 3 years. 12-Apr-2023
How can I get my wife divorced without maintenance?
You can file for divorce if it has been more than a year since you learned of her refusal to consummate marriage. The annulment of the marriage will not require you to pay maintenance.
You have filed the divorce case against your wife on the grounds of desertion and cruelty. If you want to filefirst of all the period for the ground of desertion is seven years. There are specific grounds on which you can file the divorce petition under cruelty. You will have to prove the cruelty done to you by your wife. If you prove then court can grant you the decree of divorce.
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Adv. Arun Sharma
Jalandhar | 25+ Answers
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Yes if she is filing false cases against you and she had already deserted you and its been 3 yrs for you that you are separated definitely you will get divorce go for a good lawyer who listens to your concerns rather anyone. Who is a less fees lawyer coz yours is technical matter only a good qualified lawyer can do this
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Adv. Karnish Gupta
Ludhiana | 25+ Answers
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The acquittal of a criminal case based on section 498A of the Indian Penal Code 1860 can be used as a valid basis for claiming mental cruelty. A divorce petition may then be filed to dissolve a marriage.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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.
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