• Divorce petition by spouse

My wife and I work in same Company. She earns equally as me. She filed up divorce (u/s 13 of HMA), however her petition was dismissed as it had totally wrong facts and were proven wrong, and even I wanted to save my marriage. Moreover, she had filed an FIR for Sec 498A & 406 after filing of divorce petition, for which the case is still under trial at district court. Now she has moved to high court for review & grant of divorce (u/s 13 HMA). I am in no condition to go to high court and reiterate the same facts to court again. However, I want to get rid of her. Request suggestions... P.S.. no child from marriage
Asked 1 year ago in Family Law from Patiala, Punjab
Religion: Hindu

1) You can file RCR case against her and prayer court for live both together happily married life.

2) Ask court to have counselor meeting, till you get succeed that she is ready to live with you.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

Don’t appear in court

2) in case you don’t contest HC may allow her appeal and grant your wife divorce

Ajay Sethi
Advocate, Mumbai
69581 Answers
4180 Consultations

5.0 on 5.0

1. The only way to get rid of her is to dissolve the marriage.

2. So if both of you want the same thing then the best option is to go for mutual divorce.

3. As she earns almost equally with you the chance of giving her alimony is unlikely and such even you afford hard to miss.

Devajyoti Barman
Advocate, Kolkata
18224 Answers
260 Consultations

5.0 on 5.0

Since you have mentioned that you want to get rid of her, you can appear in the High Court and request the matter to be referred to be mediation where you can try and reach an amicable settlement with your wife to put an end to your marriage.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Hi

If you want to get rid of her then give her divorce.

13B HMA Mutual Consent Divorce is the best way out.

Get the conditions mentioned in 13B petition that all the cases against you will be withdrawn and no case in future regarding the marital dispute be filed against you in future.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

You want to get rid of her than talk to her go for a mutual consent divorce you both have equal salary so you can agree for mutual divorce without paying anything and she will make an agreement so the 498a can be quashed by consent quashing from high court.

See if you dot go before high court then if her case succeed then high court may grant alimony so better to settle issue so that trial can be also quahed.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Dear client there is no need to panic.

Please clarify that whether you need divorce or compromise.

You can contact for any help as i am practicing in P&H high court.

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

Dear Sir, if you really love and want her you have to contest before High Court there is no option. With regard to u/s 498A & 406 you have to contest before court of law. I advise to you, that If you really harassment and embarrassment on you from your wife, you have to give consent for divorce and come out from all the hurdles and to lead peaceful life in future as you like. All the best.

C. V. Jadhav
Advocate, Bangalore
543 Answers
16 Consultations

4.7 on 5.0

Dear querist,

I would advise you to appear in the High Court case filed by your wife and ask this matter to be sent for mediation/amicable settlement.

Since, you also want divorce now, you can mutually settle this between yourself, stating the terms and conditions for divorce. This would also help you to get rid of the criminal cases against you. So, mutual consent divorce seems to be just option for you right now.

Regards.

Siddharth Jain
Advocate, New Delhi
5004 Answers
56 Consultations

5.0 on 5.0

Dear Sir,

If you do not go to High Court then there are chances of reversing the orders of the family court. You may take free legal advocate for High Court. The FAQs for defense for 498A case are as follows.

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FREE LEGAL SERVICE BY CENTRAL GOVT AND STATE GOVERNMENTS

http://doj.gov.in/page/litigant-service

Litigant Service

Access to justice is a fundamental element of a just, equitable and civilized society. The vision of Access to Justice for all means that opportunities for securing justice are not denied to any citizen for reason of economic and other disability. With this vision Department of Justice initiated a pro-bono legal services scheme to provide free legal assistance to the marginalized applicants/litigants.

An online application form has been created below where the litigants can register information about their case or grievance. The Department will then connect them to a pro- bono advocate registered with the Department who will provide them legal aid free of cost. The nature of legal assistance provided shall be legal advice, drafting of case related document(s), appearance in the court (all or either of the three) depending on the availability of the advocates.

It is to be noted that, this endeavor of Department of Justice is a step in the direction of strengthening legal aid and increasing access to justice to those who cannot afford it and in no way it guarantees a favorable decision in the court for the litigant/applicant.

Further, pro- bono legal assistance provided by the advocates is a voluntary service where the advocates willingly devote their time to provide legal aid to the poor and needy applicants. Once a litigant/applicant has been connected to a preferable pro- bono advocate by the Department, the Department is not responsible for the quality of legal aid provided or time committed by the advocate to the case of the litigant.

Both the litigant/applicant and the advocate are free to discontinue their association at any given point of time giving valid reasons for the same to the Department within 15 days.

We hope that the pro- bono legal services will be a significant step in enabling access to quality legal aid and assistance to the people.

Interested persons may apply for pro- bono legal aid through the online service

FOLLOWING IS THE KARANATAKA LEGAL SERVICES…..SIMILAR IS AVAILABLE IN EVERY STATE

http://www.kslsa.kar.nic.in/

For Further Details Contact:

Karnataka State Legal Services Authority,

Nyaya Degula Building, 1st Floor, H.Siddaiah Road,

Bengaluru

Email : karslsa[at]gmail[dot]com

Website : www.kslsa.kar.nic.in

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Q. Should I compromise for false 498a? Should I go for out of court settlement by paying money?

A. First of all, do not do compromise by paying money, if you have to compromise, do it without paying any single paisa. If you pay money, you are indirectly either accepting the blackmailing or agreeing the guilt. In the society, you are encouraging unscrupulous women to do more blackmailing. Moreover, when you will remarry after the divorce, your second wife will know that you are prone to blackmail. You will again be vulnerable to a second blackmail.

Despite of all this, if you decide to pay and compromise then DO NOT PAY all the money till high court or above courts have given the final order of compounding the IPC 498a and all offence including the divorce decree. You should get this in writing (in the same agreement) by her and her family members (get it notarized). Also get them to file court statement under IPC-156 that they will not challenge this order in higher courts and that they will take back all the cases filed against you and all your relatives in all the courts.

Q. Can the IPC-498a be compounded by lower courts (if wife gives the statement that she does not want to pursue the case?

A. No. Please remember that IPC 498a can be compounded only by High Courts (498a is compoundable in Andhra Pradesh) or the Supreme Court. Lower courts do not have this authority.

Q. My passport has been impounded. How can I get it back?

A. Use section 451 and 457 of IPC to get them back.

Q. I am not allowed to leave the jurisdiction of the court. What should I do?

A. Use section 437 of IPC to get the condition relaxed.

Your lawyer should file IPC 205 petition to allow you to travel.

Q. What is the role of lawyers in 498a cases?

A. Lawyers generally encourage women to file 498a. Lawyers from both sides join hands and guide the case in such a manner that the case gets prolonged and the guy agrees for a hefty settlement. Lawyers get some 20% of the big settlement amount.

Q. I feel my lawyer is squeezing me out. Could you suggest me how much should a lawyer charge for Anticipatory bail and regular bail? Could someone tell what would be the minimum and the uppermost limit for Bail Charges?

A. There is no approved schedule of rates. Rates vary on a case-by-case, person-to-person basis. However, you must tell the lawyer clearly about your budget. Lawyer fee and bail amount depends on the factors mentioned below.

a) Where the Bail application is being filed. Ex. Session/high Court.

b) How senior and what is the reputation of the Lawyer.

c) How many accused are involved?

d) How difficult is the case?

The charges vary from Rs 2,000/ to 50,000/

Q. What is the stand of judiciary on 498a misuse?

A. Judiciary knows very well about 498a misuse. Supreme Court called it legal terrorism. But all are a kind of helpless due to pressures from feminist groups. There is a bill on Rajya Sabha for amendment to 498a. Justice Malimath, former chief justice of Karnataka and Kerala high courts headed a committee which gave its report on comprehensive amendments on Criminal Laws. This committee recommended that 498a be made bailable and compoundable. Feminist groups and their contacts inside Amnesty International cried foul and threatened for agitation on this issue.

Q. How long does a 498a case run?

A. It generally runs for 4 to 5 years.

Q. What is the conviction rate in 498a?

A. It is only 2% or even less.

Q. Does 498a help the real dowry harassment victims?

A. Generally no. It helps sometimes when the girl is dead. The police often send the women back to her husband giving him and his family a warning.

Q. How can I contribute to the fight against 498a?

A. You can write blogs and sign a Public Interest Lititigation (PIL) on the internet

Q. What is the relation between 498a and feminism?

A. Indian feminism gets almost 100% inspired from western feminism. In the background, feminism and left-wing thinking is interconnected. Indian Feminists demand that 498a be kept as non-bailable and non-compoundable even though many women and old people spend time in jail, as they get falsely accused. They say, women must be protected from dowry deaths, no matter whether men are protected from misuse of 498a or not. This means, they do not care about men, his parents, sisters, brothers, and other relatives.

Q. What is the difference between quashing, withdrawing and compromising 498A case against you?

A. Following are the terms used by lawyers and judges and police.

Setting aside- When a party gets aggrieved by any order of a lower court, a revision petition is filed to set aside that order.

Quashing- When a party is aggrieved by a judgment, an appeal is filed to quash the judgment.

Expunction -When a party is aggrieved by certain observations/findings and not necessarily the order/judgment, then the higher court is petitioned to expunge the portions objected.

Withdrawing-When a complainant no more wants to pursue a case, s/he prays the trial court for withdrawal of the case. If the court is satisfied, then it orders as "dismissed as withdrawn". Since 498a is a cognizable criminal case, she cannot withdraw without your consent.

Compromise-Settle the matter outside the court and inform it to close the case.

Reconciliation -Forgive and forget. The difference is that in compromise there may be terms and conditions of settlement but in reconciliation no there are no terms and conditions.

Q. What is the difference between a petition getting dismissed and disposed?

A.

Dismissed: Means the relief asked by you is Rejected.

Disposed: The court gives some direction either to you or respondents to do or not to do something. Your main relief may or may not be granted. But some direction is given through these orders.

Q. Can a woman ask for interim maintenance during 498A case?

A. A wife can ask Interim Maintanence or Alimony at any time after she parted you. There is no time bar to specify that she should ask with in so and so days. If she prefers, she can ask at any time and even years will not bar her.

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Glossary

AB: Anticipatory Bail

CAW cell: Cell for Crime Against Women

CI: Circle Inspector

CPC.: Civil Procedure Code

CrPC: Criminal Procedure Code

CS: Charge-sheet

DIL: Daughter-in-law

FIL: Father-in-law

HMA: Hindu Marriage Act, 1955

HSA: Hindu Succession Act

Hubby: Husband

IO: Investigating Officer

MIL: Mother-in-law

NCW: National Commission for Women

RCR: Restitution of Conjugal Rights (Section 9 of HMA)

RTI: Right to Information

SIL: Sister-in-law

Cognizable: a police officer may, in accordance with the First Schedule or under and other law for the time being in force, arrest without warrant.

Kishan Dutt Kalaskar
Advocate, Bangalore
4750 Answers
141 Consultations

5.0 on 5.0

Hello,

1) If you also desire to get divorce, why bother to defend the Appeal in High court. Let the court decide the matter ex parte and allow her appeal so you would be rid of her.

2) Let the criminal cases be decided on merit in the District Court in the meantime.

S J Mathew
Advocate, Mumbai
2477 Answers
110 Consultations

5.0 on 5.0

Firstly to I wan to save you from 498a and 406, for that the weapon is RCR file case

Secondly you don't want to stay with her but not to get engaged in any case further, so after filing RCR case later on you can go for Divorce case. Now its up to you.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

See, you need to go to the High Court otherwise she would get it ex parte agaisnt you.

Then she may also be able to prove other criminal cases against you, but as it is already dismissed and now if you face it in high court then would be a edge for you.

And also I advice you to go for the quashing of FIRs in the ground of her divorce petition been dismissed at family court for giving false facts etc.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
4966 Answers
11 Consultations

5.0 on 5.0

If you do not want to continue the marriage you may file a contested divorce on the basis of mental cruelty which would include the false 498a case and the previous divorce case on the false and frivolous grounds.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

It is not depend upon ur wish. U have to fought in high court

Arun Kasana
Advocate, Delhi
24 Answers

Not rated

Seek divorce. if she is also insisting on divorce, file for it under Section 13B of Hindu Marriage Act!

Rohit Saraswat
Advocate, Ghaziabad
9 Answers

Not rated

See you have to fight the matter till the time she feels lost from all the options. Otherwise she may use this as her weapon to harass you.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1. Unless and until the party asks for maintenance there is no provision for court to grant monthly maintenance suo motu though it can grant permanent alimony f there was such relief prayed for in the pleading.

2. Since she also earns her livelihood there is little scope for granting alimony by court.

3. Decisison of civil court can always be used in criminal case as well.

Devajyoti Barman
Advocate, Kolkata
18224 Answers
260 Consultations

5.0 on 5.0

If no orders have been passed on wife claim for maintenance then wife would not be entitled to any maintenance

2) HC would not grant any reliefs to wife if not claimed by her

3) if wife is highly qualified , working and earning equivalent to your salary she would not get any alimony

4) wife has to prove allegations of dowry harassment in her 498A to be entitled to any reliefs

Ajay Sethi
Advocate, Mumbai
69581 Answers
4180 Consultations

5.0 on 5.0

1. She has filed interim maintenance application which will be extinguished at the disposal of the main case.

It will not continue beyond the date of disposal of the main case, hence you need not be worried about it, the court will not grant automatically if she has not insisted on it.

2. The court will not pass any decree for alimony automatically along with the judgment in the divorce case.

She has to apply for alimony separately after the divorce.

3. Dowry case has nothing to with the divorce case, they are two different subjects.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

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