MyNation Foundation Forum » Advice » 498A

Annulled

(5 posts)
  • Started 7 years ago by Final.Battle.Begins
  • Latest reply from Adv.Kachave
  1. Final.Battle.Begins
    Member

    Dear All respected experts,

    Im also victim of false 498.however im on verge of wining the battle with my wife. im very much upset, humiliated, depressed due to such false case n police & court procedure. but i adopted as it was fact of my life n survival for the fittest and fought the battle with strong heart. my wife betrayed me by doing such thing even though i was loving her too much, doing everything wht she wanted , anything. What i feel that, it was mainly due to continuous interefence of her family members specially her mother in our day to day life and her psychic behaviour. My in-law family was already involved in such case from their bahu 2 years before my marriage. but we were kept in dark. my wife's brother was jailed for some molestation case before my marriage, my wife's mother was having case of doing business of prostitution before my marriage bt we were kept in dark. I also come to know that wife was having an affair before marriage. however im not having any proof for this and also not possible to get those proofs. so forgot this option. All this I come to know after they filed 498 against me and i started some investiogation @ their behaviour. Im awaiting the papers of their previous cases.
    In view of all this, my question to all is....
    1) hw can i take help of these cases for getting divorce (i have not yet applied for divorce) when shall i apply for it.
    2) what do u mean by annulled? whts tht? will that help me in this case. we are living separately since last 2 years.hw to proceed for tht? i have son of 2 years age who is living with wife since last 2 years. its being 4 years for marriage

    everyones reply is awaited

    Posted 7 years ago #
  2. 498A_Crusader
    Administrator

    Its is your mistake not finding out their past. now you can sue or use them.
    If you have solid proofs of anything about your wife which they hide that breaks your marriage then you can question them in court and may be used for Divorce.

    Judiciary will not Annull your marriage, They grant you.
    Judicial Separation
    Ex-parte,
    Mutual consent Divorce
    Divorce.

    Annull word comes, in if you are Christian, and married in Catholic Church as they do not have DIVORCE in their doctrine.

    If she left you without reason and if its more than 1 year separation you can proceed with
    Restitute conjugal rights or Divorce
    and ask for Child visitation till he is 5 years old.

    Posted 7 years ago #
  3. Final.Battle.Begins
    Member

    thanks crusader,
    im about to get the relavent papers soon through RTI.once i get that thn the ball will b n my court thn i'll hit wherever i want.isnt it?anyways..u explained very well the meaning of the word now im clear.
    1) u mean,i should file divorce only after getting these papers isnt it?
    2) visitation:-visiting son till theage of 5,right?if so then wht will be after age of 5?

    Posted 7 years ago #
  4. ADMIN
    Key Master

    You can file Restitute conjugal rights,asking her to come and join you.
    for sure she will not come back.
    Even she want to come back you will not take her back as 498A is there, you can make 498a as excuse to stop her from coming back FORCE on to you.
    If she reply to RCR that she do not want to come back, you can proceed with Divorce and fight maintenance with this RCR. as there are judgments (http://mynation.net/docs/sitemap/) those who left husband without reason will not get alimony.
    unless you get visitation its difficult to fight for custody, so get to know each other, who knows your son may say he want to stay with you.

    BEST of LUCK

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 7 years ago #
  5. Adv.Kachave
    Blocked

    If there are no chances of settlement, challenge criminal cases for quashing FIR/proceeding, if succeed file for divorce.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #

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