Basic safety and precautions
Keep documents out of reach of your wife/other party.
Collect your important documents like passport, educational certificates etc and move to a safe place – a bank locker, parents’/ friends’ house etc. In any case, keep them locked if they are at home and your wife is staying there too. The reason is that many a time wife can allege something in her complaints and request court to impound husband’s passport. The other possibility is she may steal them and use that as bargaining chip later. She may give it to court to be impounded etc.
498A & Divorce
Man should not file for divorce.
Many men may be living in unhappy marriages, or wife may already be separated for long period. It may lead to thinking that the wife also wants divorce, so filing divorce on some grounds like desertion etc may be valid. The problem with this approach is that laws and socio-cultural system are not favourable towards men seeking divorce. Many 498A cases are immediately filed by wives/other parties when men file for divorce or separation. Unless you want to really get divorce and don’t mind a 498A on the way!
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Do not settle for divorce without 498A being settled
From SIFF group (Jul09): Generally, it has been observed that women mostly file 498A to get a favorable divorce/settlement. In such a case divorce should never be granted. Read details on link at http://groups.yahoo.com/group/saveindianfamily/message/135654.
Read another case here where girl side has in fact agreed to not take any money: http://groups.yahoo.com/group/saveindianfamily/message/135690 but still it is not advisable to give divorce without 498A being withdrawn completely.
Wife threatening for 498a, 125 crpc etc , present staying together with 2 male son’s,since 15 yrs of matrimony,I’m retired from govt job with 2500₹ pension .
Can she do this n get part of my pension .
Yes, legally she can ask for maintenance from your pension amount also. If sons are staying with her, then she can ask maintenance for them too till they attain majority, viz. 18 years of age.
Do not settle for divorce without 498A being settled – Why should you give divorce ? Donot settle at all. No 498a settlement and no divorce settlement until 498a acquited. Why play the pressure game according to their terms ? Win 498a at all costs ! Expose the misuse is primary objective. File for defamation. Defamation win is your ticket to peace of mind in this life.