Mutual divorce without alimony for false case of cruelty filed by wife


I am married for 1 yr and my wife threatened me and my family with 498a case in police station, if i don't accept for mutual divorce and settlement of 20 Lakh rupees.I am worried why i have to pay amount when i and my family have not done even a small wrong deed and she is seeking divorce and huge settlement amount with false allegations against me ? I am Hindu by religion. How to handle this situation and proceed for mutual without alimony?

Answers (3)


226 votes

Dear,

MCD without alimony may not be possible in the given circumstances. However,held talks with her parents and elders and try to resolve the matter amicably. If she is not accepting to give you divorce without alimony, file a contested divorce petition under the ground of cruelty against her in the family court of jurisdiction and proceed further.


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227 votes

HI,
Firstly if the parties are both agreeing then only you can get the mutual divorce in the court only and nothing can be done in police station , as per sec41 (a) also the police has to give you a notice and ask for explanation and no arrest can be made in 498 a case .Let her keep her demands as you dont want to except that then you appoint an advocate and visit the police station when they are calling and the next thing will be she will file a case and no need to worry after some point of time they will only reduce the amounts or come to some settlements. Call us through the website for further assistance.

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258 votes

Be clear from your side and say that it is not possible for you pay that much amount and if she required you are ready to give divorce by mutual consent. Consult a lawyer nearby to help you out of the situation.

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