Legal Question in Family Law in India
While surfing ur site I got stuck with the advise given by Mr. S Kalra regarding divorce.
Someone asked that...She doesn't want divorce rather want to punish her inlaws and husband so she filed 498a...So whats the possibility of divorce if her husband file it?.
Mr. Kalra said after filing 498 and DV chances of divorce is high.
I wuld like to know ..What if the she was beaten, harassed, drove out and forced for mutual divorce...Isn't these are genuine reason for 498a or DV? Now if it proves that they are guilty then what's the chance of divorce from male side?...Only after this the question of punishment comes.
How come a guilty person get divorce from his wife who other way do not want to divorce?
2 Answers from Attorneys
498a is no reason for an early divorce. divorce by mutual consent depends upon the will and wish of parties to it and their consent needs to be free from force, duress or fraud. 498a is a punitive measure and cannot be a ground for divorce.
I wish i could explain the nitty gritty s of law to you but it is a cumbersome position to answer all your queries and typing it down too. I am handling almost 150 cases in Delhi itself with regard to Family and divorce laws . I give 10 opinion on a average to people who visit me in my chamber in Delhi High Court or my office in G.K.-2 .By writing few lines in your questionaire does not end the matter there. I need many questions to ask you before i could respond to your problem . Prima facie you cannot have two things together ,1) punishing your husband and inlaws and 2) staying with them . I expect you to call me to explain and hear thing from you to give you my legal advice.
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