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My wife filed 498a before after 6yrs she promise to withdraw but now b
16-Mar-2025 (In Divorce Law)
She filed 498a before and after 6yrs she came with residential order by promise to withdraw all cases. During this 1yr she is the same like before. When I ask her divorcimg she threatens to extort heavy money what should I do I'm trapped and also has cardiac diabetic and bp issues. We have two daughters 9&6 yrs. I'm fed up nad have no strength to persue marriage or fight. Plz suggest
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In this situation if she is not ready for mutual consent divorce then only option is to file divorce case against her with all relevant ground of cruelty in court of law. Bcz now she has residential order no one can evict her. But situations is out of control you need to take action to get relief.
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It is necessary that you share some more details so that I can assist you further in the matter. A thorough examination of the matter at hand will enable me to guide you further in the matter and advise you accordingly.
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Adv. Mikdad Zummerwala
Mumbai | 100+ Answers
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You will have to contest divorce case against her. You should fight a legal battle and prove before the honourable court cruelty on her part compelling you to get divorce decree in your favour. You may also fight for custody of your children
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Adv. Mohd Atik Iqbal
Akola | 900+ Answers
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I understand your distress and the toll this situation is taking on your health. Given the history of the 498A case and the residential order, along with her failure to uphold her promise of withdrawal, you have strong grounds to pursue legal remedies.
Divorce Petition: You can file for divorce under cruelty (Sec 13(1)(ia) of Hindu Marriage Act, 1955) or irretrievable breakdown of marriage based on past legal actions and continued misconduct.
Protection from False Allegations: If she is threatening extortion, record and document such instances. You can file a complaint under Section 384 IPC (Extortion) and seek anticipatory protection.
Child Custody & Maintenance: As you have two minor daughters, courts generally favor the welfare of children. If they are attached to you, custody can be contested under the Guardian and Wards Act, 1890.
Health & Mental Peace: Given your cardiac, diabetic, and BP conditions, a court can expedite proceedings on health grounds.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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You must start gathering evidences through audio/video mode, which you can use in the court of law, as and when the case reach that stage.
If she had promised to withdraw all cases, then you may request the court to direct the wife to withdraw all cases. You may execute a Consent Agreement between you and your wife so that all terms and conditions are mentioned on a paper. and submit the same in court.
In case you require further legal assistance, you may contact me directly.
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Adv. Shreyas Jain
Mumbai | 100+ Answers
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