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Q. 10yrs separation, acquitted 2 times in 498, family court rejected divorce

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Anonymous

posted 2 weeks ago

Q.10yrs separation, acquitted 2 times in 498, family court rejected divorce
Hi,

Recently my divorce petition got dismissed by family court in mumbai.
Wife filed 498 in 2010 in her state - I & Family got acquitted in 2015.
she also filed DV in her state and maintenance of 6000 was passed for child and her.
Wife filed 498 reappeal in 2015 along with crpc 125 & 127. but didnt contest and cases got dismissed in her state.
I had filed RCR in 2012 but wife didnt attend and asked ransom for settlement, so i had withdrawn and filed divorce in 2012.
Due to my father's surgeries i couldnt pay maintenance and there were arrears.
She is filing maintenance enhancement cases in her state but not contesting. Instead showing sympathy to court in divorce proceedings about arrears.
Regarding divorce case, my petition was dismissed as court observed that i couldnt prove her affair and stated it is allegation, and due to arrears court didnt grant divorce, but court observed cruelty by wife in 498.
Please suggest how can i get divorce if i appeal in high court.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 week ago

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A. ) Dear Sir,
It is irretrievable marriage you will get divorce in High Court.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 week ago

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A. ) dear client supreme court jusify that misuse of 498a as legal terrorism. The hon'ble calcatta highcourt coded that An inference, however, can be drawn by matrimonial Court that by initiating criminal proceedings under Section 498A Indian Penal Code wife has an intention not to live with the husband. This is because the person lodging such complaint under Section 498A is imputed with the knowledge that, if convicted, the accused, would be incarcerated. However, on the authority of the judgment in Nivedita Banerjee, the act of the wife in the matter of initiating criminal proceedings where the husband was arrested and detained in jail custody, that case having ended in acquittal just as in the case on hand, the judgment under appeal can be sustained. Inference can be drawn that the wife has no intention to go back to the husband and her intention was to terminate the matrimonial relationship. hence in one sentence i want to say that you can obiviously procced in high court and contest your case on merits.

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Anonymous

Replied 1 week ago

Thank you very much Sir for your answer.

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