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Wife filed false 498A case and not willing to live with me


23-Apr-2023 (In Family Law)
Sir I , married in march 2009. Since 9 years my wife is not stayed with me even one year. She comes and stays for 3 or 4 months , make some useless quarrel then goes to her parent's home. So many compromises , agreements had done,even though she is not changing . she filed case against me under section 498.The case ran over 7 years in the court. Finally we compromised and with drawn case. Again she is repeating the same situation. But she is not accepting to take divorce. My valuable life is almost wasted. Please kindly give me your legal advise how to solve this issue.
Answers (2)

Answer #1
668 votes
Dear Client, What is your job, whether you have any children. You may go to other city by transferring your job. Whether your wife now staying with you or not. If not for how many years your wife staying separately. If she has been staying separately for two years it is a ground for divorce. You can file a divorce petition on the grounds of cruelty and judicial seperation etc., grounds.
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Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

LawRato Vijayawada | 400+ Answers
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Answer #2
512 votes
Hi Once a 498a case is filed and withdrawn, your wife cannot file a second 498a case. So go ahead and file a suit for divorce on the grounds of irretrievable break down of marriage and grounds of separation as it appears that even after 9 years both of you are not leading a marital life at all.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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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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