• 498 a

My wife has made a dowry complaint in women cell against me and my family after 16 months of marriage. She is also saying that she wants to live with me. But I want divorce at any cost bcoz I don't  trust her. l have her call details in which she used to talk with her male friend (after marriage)and some information about her ex boy friend(before marriage). I also have whatsapp chat which she had with me in which shows that she always fights with me. Suggest what to do and how?
We both r govt employee.
Asked 9 months ago in Criminal Law from Chandigarh, Chandigarh
Religion: Sikh
Relation with a man before manage is not aground of divorce. But being related with her boyfriend after marriage constitutes matrimonial cruelty and it is a valid ground of divorce under section 13 of HMA. You should take soft copy of each conversationit is relevant evidence to prove her misconduct. You should file regular divorce suit because proceeding before woman police station is merely conciliation. 
Shivendra Pratap Singh
Advocate, Lucknow
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Filing of a 498A  complaint against you does not foreclose your right to file for divorce. You are free to file for divorce on the basis of evidence in your possession.
Ashish Davessar
Advocate, Jaipur
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444 Consultations
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Hi
See if there can be a settlement with her an d you can file for a mutually consent divorce.
If  in case your wife is adamant on her stand and make demands of money or any other terms and conditions.
you should file for divorce on cruelty ground.
engage a lawyer and file for divorce. Her complaint also can be treated as a cruelty and you can seek divorce on that base too.
If your wife is earning , you will not have to pay maintenance as she has government job. However if the matter comes to court you will have to return the gifts ,jewelry if anything she left with you 
It is good that you are firm in your stand that you want divorce, now dont bow your head before her blackmailing/threat of the criminal complaints.
Thresiamma G. Mathew
Advocate, Mumbai
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85 Consultations
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My wife has made a dowry complaint in women cell against me and my family after 16 months of marriage. She is also saying that she wants to live with me. But I want divorce at any cost bcoz I don't  trust her. l have her call details in which she used to talk with her male friend (after marriage)and some information about her ex boy friend(before marriage). I also have whatsapp chat which she had with me in which shows that she always fights with me. Suggest what to do and how?
We both r govt employee.

Any false criminal complaint with the police or before a magistrate court by the wife with an intention to take revenge shall be a ground for divorce on cruelty.  If her dowry demand complaint was on a false not then you may very well file a divorce case.  Her whatsapp message or any other phone chats before or after marriage cannot constitute for evidence against her.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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She is not asking for money she is saying that she wants to live with me. The proof which I have shown to police is not relevant they says. How can I prove that we r not compatible and file divorce case? s

Police is not the deciding authority to grant you divorce.  They will not understand the matrimonial laws.  They will, in the name of compromise or counselling will extract money from both the sides, because that is what is happening in almost every police station across the length and breadth of the country. You should not tak police advice for filing divorce case, if you are not willing to live with her anymore you can decide about it on your own or consult a local lawyer who will guide more effectively and properly than the uniformed people. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
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Non-compatibility is not a ground for divorce. So you can apply for dissolution only on ground of cruelty.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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1) merely because your wife calls her male  colleague and they have conversation does not constitute adultery 

2) if she had boy friend before marriage is immaterial 

3) you have to make our a case for mental cruelty or any other ground recognised by HMA to be entitled to divorce 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1)you don't want to stay with your wife 

2) if wife has filed 498A case obtain AB and contest the case 

3) 80 per cent of cases are false and end in acquittal 

4) you can file for divorce after consultations with your lawyer as to whether care for divorce is made out or not 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0

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