Legal Question in Family Law in India

Please clarify your question.

There are judgments pronounced by various Courts stating that a divorce may be granted to the husband on the basis of a false 498A filed against him. Since you have filed for a divorce case, the onus now rests on you to prove that the marriage has reached a stage where divorce is the only favourable option.

You are entitled to divorce if you prove in the Court of law that you have been subjected to mental cruelty, harassment, false 498A case, non consummation of marriage or you can opt for divorce by mutual consent. These are some of the grounds on which you can obtain divorce.

Since a 498A may run for many years and then a divorce case would succeed it and run for another couple of years; I would suggest you to opt for out of Court settlement by agreeing on certain terms and conditions and obtaining a divorce by mutual consent.

You may contest the case too, though you should get an expert to assist you through the case, since these cases involves a lot of strategy. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

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