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How to safeguard myself if wife flase case of 498A against me?


05-Sep-2023 (In Divorce Law)
I got married in December 2014. It was arranged...she is not able to adjust to my family and is rude and is unwilling to change...i have tried everything ...so i just need out....without getting harassed due to the legal system being biased towards women...what if i try for mutual consent and she files a complaint under 498A....so i need advice as to what can be done in my situation...the safeguards i can take. She is staying with me right now.
Answers (3)

Answer #1
896 votes
Mutual Consent divorce is filed after both you and your wife have consented for the divorce and agreed to the terms of divorce. So after filing a mutual consent divorce, there is no question of her filing a complaint under 498A.
If you want to file a contested divorce, you can file one under the grounds of cruelty. In that case there is a possibility that your wife might get back at you with a complaint under 498A.
So, it is better you discuss your situation with your wife and get a mutual consent divorce.
Answer #2
684 votes
You can file a divorce petition even while living under the same roof but make it sure in any case you haveto face the conequences but as an abundant caution you can adress a communication to the police authourities narrating your sufferings and apprehensions and in case she may agree for mutuall divorce you will be the luckiest person
Answer #3
525 votes
You can apply for Mutual consent after period of 1 year. If your wife agrees to give you Mutual consent the you can execute an MOU wherein you can decide terms of settlement and accordingly file a joint petition under Section 13(B) of Hindu Marriage Act and obtain divorce decree

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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