I have been married for last 16 years & have 10 year old kid.it was a love marriage performed in arya samaj new delhi.trouble started just one year after marriage as she insisted to live separately from joint family.i followed her & manage to spend a few years living separately but reunited with my family after shifting from delhi to noida. After shifting to noida my brother & father got expired & i had to support my brother’s family as there were no one to take care of his kids who were studying in school & collage.i also have to look after my mother as she became heart patient & had to undergo by-pass surgery. From last ten years under the influence of her family she has been harassing me for all above mentioned reasons.after the birth of our child she frequently picked up any issue To abuse & provoke me to approach the court if i can not tolerate the way she was behaving ..things started escalating,she also stopped doing any house chores,stopped looking after the child.since then she has been attending her office (as she is working lady) & never cooperate me in running the house..in last ten years i tried to resolve the issues so many time with the help of my relatives but she did not move even an inch from her stand...instead she insisted on giving her alimony or money & stake in property in lieu of her nod to get divorce & to put pressure on me she also lodge fake police complaint of domestic violence,dowery,abuse & denial of maintenance thrice with the help of her family. Each time after the negotiation she took her complaint back just to lodge it again. i have tried hard to resolve all her complaint but she is not open to any dialogue. I have been denied from any physical relation with her for last 10 years although she stays with me in the same room & had said that i should not expect anything from her & if i have any problem than should go to the court.all the expenses of the house are carried by me she is enjoying all the privilege & facilities at home but neither she is ready to mutual divorce nor she is excepting me as her husband .due to financial constraint,job & being the only responsible person to look after the child i could never dared to approach the court.am 46 years old & residing in noida.could any one suggest me what is possible in this case,can i file divorce case under 498a (on the ground of denial of intimacy by wife amount to cruelty) if yes,how can i prove this since am not living separately..how much time it can take to settle the case & is there any mediator family court available .pls help.
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1. Even if you do not file divorce suit then also 498A case may lie.
2. So file the divorce suit if you have decided irrespective of the fact whether she files 498A case or not.
3.Even if 498A case is filed there is nothing to worry as once you get bail nothing remains in the case and you can sign a breath of relief.
4. Settlement of case depends on mutual urge of the parties to resolve the dispute amicably.
1) contested divorce cases take 5 years to be disposed of
2) you can file for divorce on grounds of mental cruelty
3) refusal of wife to have sex amounts to mental cruelty
4) wife abusing husband and filing false complaints amounts to mental cruelty
5)in case wife files false 498A case approach HC and seek stay against your arrest
6) there is no Anticipatory bail provision in UP
7) contact a local lawyer
Thanks for precious guidance.can i file & contest 498A irrespective of the fact that my wife lives in the same house.
you can contest 498A case even if wife is living in the same house
2) 498A case cannot be filed by you against your wife
Yes , residig under the same roof is no hindrance for divorce suit though it may cause deterrent in 498A case.
1. You are free to file a petition for dissolution of marriage on the ground of cruelty in the competent court. Since she can contest the case fittingly once she receives the summons from the court you should firstly record her cruel conduct and then only go to court.
2. If she hits back by filing false 498A then apply for and obtain anticipatory bail. Most likely she will name your mother and family of deceased brother also in her complaint. All the accused should apply for AB as and when the FIR gets registered.
3. You can contest 498A even if your wife resides with you under same roof.
A married couple can live separately under the same roof too. Denial of conjugal relationship or non-cohabitation for a period over two years and above also constitute.
As you stated that she had lodged complaints thrice and withdrawn all the three times, you may gather all the evidences of such acts and file a contested divorce petition on the grounds of cruelty, non-cohabitation etc.
Let she file DV case or even criminal complaint under 498a, you can challenge her false cases on the basis of evidences and merits in your side.
First you shed the fears and unnecessary apprehensions, you can challenge all her claims if you handle the issues patiently.
can i file & contest 498A irrespective of the fact that my wife lives in the same house.
You can file a contested divorce case even from the same residence where you both currently reside together.