Hello, I have been married for 4 years. There has been no physical relationship with my wife yet. Also, there are a lot of differences between us due to her bad mouthing, no trust, and understanding. There were efforts to make the relationship better but all failed. I wanted a mutually consented divorce but she do not want to leave me. I had filed a divorce case and on receiving the notice of same, she had put fake 498a complaint in women cell against me. That complaint is now forwarded to the mediation center (awaiting first hearing). Meanwhile, she didn't appear on the case filed by me on its first date. Now, what are the future perspectives of the case? I don't want to live with her. We are both working professionals. There has not been any dowery in marriage apart from the gold and clothes exchanged in north Indian weddings.
If your wife does not contest divorce case you would get exparte decree
2) if there is not much difference in your income wife would not be awarded any alimony
3) in false 498 A case if FIR is lodged apply for and obtain Anticipatory bail from sessions court
On 498A - After two sessions in Women Cell the case has been forwarded to Mediation Center and FIR has not been filed yet. Are there any chances that FIR can be filed if case has been forwarded to Mediation Center?
Only if mediation fails would FIR be filed against you
Since you have filed the contested divorce case against her, you may concentrate on the same properly
You cannot come to any conclusion about her absence in the preliminary stage itself..
If she has lodged the false complaint against you, better challenge the same on merits nullify the same as per law in the trial proceedings.
If the mediation fails and she is not agreeing for any compromise then the mediators may return the case to the police, who will subsequently register the FIR.
In that case you can obtain anticipatory bail and challenge her false case in the trial proceedings.
Matrimonial law between husband and wife is not balanced, it is heavily loaded in favor of wife. Your question is wife is attending court proceeding in divorce case. If she continuously absents from Court you will get an ex party decree of divorce which she can any time get set aside and now she has already in consultation with Advocate. It is very difficult for Court of grant divorce to husband if wife does not want divorce. Best option for you is to settle with her out of Court. I don’t intend to discourage you but that is the law and you might have experienced that. It is easy to advise you to file and fight cases but it is you who will be facing Courts and police. it is better if you can succeed in settlement before registration of fir.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage .
- Further, as she is not agree for mutual divorce and you have filed divorce case then if she will not appear before the court then court may proceed for passing ex-parte divorce decree in your favour.
- Further, as she has filed compliant then your appearance is needed therein , otherwise the women cell can lodge an FIR after admitting her facts.
You can contact me , if further suggestion needed
Dear Client
An FIR might be registered in case the mediation fails. In that situation, you can file u/s 482 for quashing of FIR before the concerned HC.
Thank you
Yes FIR can be filed if it's a cognisable offence
Dear Querist
try to settled the matter before mediation center with her and go for mutual consent divorce, if she is not ready for that then don't worry, FIR be registered and you may get the bail easily and then fight the cases on merit with the help of an advocate who deals in matrimonial criminal cases.
Feel Free to call
