how to get a divorce from my wife who is not with me for more than one year ?

Question

i am an indian ,,was married for nine years ,my wife cheated after her misdeeds ,left my house a year back ,she carried all gold cash n i had purchased a house worth 20 laks in her name,i have daughter of 8 years living with me ..i want a divorce ,how should i go ahead so that i am not trapped in section 498 A ?

Answer 1

Yaar before I give any reply how to get divorce let me first remove this GHOST of section 498A Indian penal code which is hurling the mind of every Indian husband having some sort of matrimonial problem with his wife. Let’s see what this section provides: - 498A. Husband or relative of husband of a woman subjecting her to cruelty.


Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also is liable to fine.

Explanation-For the purpose of this section, "cruelty" means-


(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]
Now if we see in this section the legislature has defined what type of cruelty will be punishable under this provision. 1) The conduct of the husband should be such severe that it will drive the wife to commit suicide or cause grave injury or danger to life, limb or health (mental or physical) 2) Harassment with a view to extract any property or valuable security. What all this mean that such conducts of husband should be very severe in nature, Even in the latest judgment the Supreme Court of India has held that Mere trivial irritations, quarrels, normal
Wear and tear of the married life which
Happens in day to day life would not be
Adequate for grant of divorce on the
Ground of mental cruelty.
So if such matters will not amount to cruelty in a civil matter of divorce, how can they be considered in a criminal matter where the degree of evidence is to prove the issue beyond reasonable doubts? Every person has heard about section 498A IPC & starts talking about it without knowing the degree of evidence required in such a case has to be very strong that will lead to the conclusion that the cruelty inflicted was very severe in nature. All such matters are decided on the basis of expert medical reports & evidence of medical experts whose statements prove the injury inflicted on the wife was of very grave nature. As far the question of harassment of asking property or other valuables are concerned there has to be some witness to such a depend, coupled with the conduct of the parties that will ultimately lead to this conclusion that such a demand was actually made from the wife or her parents to proof cruelty on this basis. My read friends the criminal matters are not mere depending on the oral statement of the wife it has to be coupled with other evidences that will show the circumstances leading to criminal cruelty. Now coming to your matter of divorce I find there should not be any problem for you to get it on the ground of cruelty as held even by the Supreme court of India as :- The married life should be reviewed as a
Whole and a few isolated instances over a
Period of years will not amount to cruelty.
The ill-conduct must be persistent for a
Fairly lengthy period, where the
Relationship has deteriorated to an extent
That because of the acts and behavior of
A spouse, the wronged party finds it
Extremely difficult to live with the other
Party any longer, may amount to mental
Cruelty.
Hope this reply will console your mind. For more contact me directly.

Answer 2

Ask a lawyer he or she will love to tell you

Answer 3

get a lawyer

Answer 4

just fake ur death. oh, but wait, she will get n e insurance money u have comin to her. just disappear. move far, far away n never talk to her again.