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Wife seeking mutual divorce by blackmailing and threatening. Advice.


15-Dec-2023 (In Family Law)
My marriage was done as a tragedy as it is a love marriage. However we got married officially in presence of both family and friends relations. After marriage we lived for 4 months. A quarrel regarding marriage.Marriage makes her father forgot about her. This is issue. She argued and left by calling their parents saying I'm not interested and left. After 15 days both approached and blamed that I didn't came back to took her back to my home. So eventually i shifted to new house which suggested by my wife and luggage also shifted. From that day she keep on saying I will come tomorrow.After 15 days she came to me and seeked for mutual divorce. I said I'm not ready. She left and didn't all to me since October 6, 2017. Only whatsapp chat till nov 1.after that only status updated seeking leave me. Give me divorce. Till dec 8. No on Dec 13 got call from SI saying my wife gave complaint under 498a section. Her uncle called me ad said put signature on divorce to take complaint back
Answers (2)


LawRato

Answer #1
568 votes
Hi On 498a case, there is a prohibition enforced on police that there should be a committee by district legal cell to reconcile matrimonial issues and only if the committee finds that the husband is at fault, he can be arrested. So arrest in case of 498a is beyond police powers at this point of time(till feb 2018). So you need to decide on whether you want to proceed for divorce (mutual consent or NOT) given that 498a arrest is NOT possible till feb 2018
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Advocate Rajagopalan

Adv. Rajagopalan

LawRato Hyderabad | 25+ Answers
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Answer #2
549 votes
It is unfortunate and helpless. It is better to give mutual divorce and let her withdraw complaint against you. It is safe exit. No more thinking about her . Try to lead new life with some suitable person.
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Advocate Sanjeevi Krishna Rao

Adv. Sanjeevi Krishna Rao

LawRatoVisakhapatnam | 200+ Answers
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