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My wife booked 498 case against me can I divorce her
01-Sep-2023 (In Divorce Law)
I'm NRI, few weeks ago my wife with whom i have spent 12yrs and we have 3 kids filed a complaint against me in WPS, i was in police custody for almost 20hrs as my wife filed case and FIR was registered against me then after SHO counselling we mutually agreed to close the case with my wife demanding 50K rupees for monthly expense, since i was in rush to join work i agreed. I would like to divorce her, what could be the best way to handle this case.
You certainly have a right to divorce, however it has to be supported by grounds, which can be made out from your case . You have not mentioned, your religion, because the issue of divorce will be dealt separately as per religious laws. mere filing of case or mutual agreement doesnt bind you to pay her the demanded sum. Consult for further info.
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Adv. Naveen Kumar Ahir
Hyderabad | 100+ Answers
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Dear,
As you have mentioned that FIR under Section 498A IPC was registered against you by WPS and during the S.H.O's counselling, you both agreed to close the case as you agreed to pay 50 K per month to your wife as her monthly expenses and without closing the case, you left India. Please note that the FIR is still in force and the police may in some time will file Charge Sheet in the case and the case will come for trial. You can either now file divorce petition or after the disposal of the 498A IPC case upon your acquittal. However, if you file for divorce after you are acquitted from 498A IPC case, it will be advantageous to you as you will get a ground of cruelty against your wife as filing false 498A against husband is extreme cruelty and obtaining divorce can be easy. However, if presently, you have strong evidences against your wife to seek divorce and you are sure of obtaining divorce, you can apply for divorce now also.
As you have mentioned that FIR under Section 498A IPC was registered against you by WPS and during the S.H.O's counselling, you both agreed to close the case as you agreed to pay 50 K per month to your wife as her monthly expenses and without closing the case, you left India. Please note that the FIR is still in force and the police may in some time will file Charge Sheet in the case and the case will come for trial. You can either now file divorce petition or after the disposal of the 498A IPC case upon your acquittal. However, if you file for divorce after you are acquitted from 498A IPC case, it will be advantageous to you as you will get a ground of cruelty against your wife as filing false 498A against husband is extreme cruelty and obtaining divorce can be easy. However, if presently, you have strong evidences against your wife to seek divorce and you are sure of obtaining divorce, you can apply for divorce now also.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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