Legal Question in Family Law in India

My husband married me only for the sake of property.he was living with his real bhabi as husband and wife and had children also. He did fraud with me.when I came to know about it I filed 498a after three years of returning back home.but now it's five years since I'm back home but he still wants to blackmail me for divorce as he is already settled.he wants me to file mutual consent divorce and want a clause in it that I will be bound to lift the 498a case against him.he will just want me to sign the mutual consent divorce papers once and then get the 498a case against him quashed from the high court.should I now go for mutual consent divorce with clause of lifting 498a case after the decree of divorce or should I file divorce u/s 13a and struggle to get divorce?


Asked on 6/08/15, 1:02 pm

2 Answers from Attorneys
prasad patil

Dear client if u want to punish husband for his wrong dore then file contsted divorce as well as fight 498 a. For proper discussion call me on 8446247807 or 9604349028

Adv prasad patil

Read more
Answered on 6/08/15, 6:37 pm
Vishwa Arya Arya & Co.

The choice is yours. You have to think and decide what exactly do you want under the given facts. For the last five years he has been staying with his brothers wife as husband n wife and has children out of that relation. The question of reuniting does not arise. One is - to get mutual consent divorce - on your terms which you may spell out to him and not that you listen to his term of dropping of 498a. Even if you have to consider dropping of 498a, then in that case also, you have to stick to your terms - say permanent alimony; return of all your stridhan; compensation etc.. In such a case, time in legal proceedings will be comparatively less and you have an option and opportunity to start life afresh.

Other remedy is not to pay attention to his terms, File for divorce; for compensation under Domestic Violence Act and pursue your complaint under 498a so that he is punished for acts and misdeeds. This process will require patience, take time and involves running around. By the way, you being woman, would be entitled to free legal aid from the office of State Legal Service Authority, be it may opinion or filing of cases.

For any other question or clarification, please do not hesitate to write.

Read more
Answered on 6/08/15, 8:21 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India