Legal Question in Criminal Law in India

I am a christian and am facing 498-A charges against myself and my family. I have tried to compromise with my wife but they did not heed. I have tried to agree to all their demands but they did not oblige. Now that i dont have any other way i want to part ways with her as i dont want to lead a family life with such a stuburn people and it will be worse tomorrow if any one joins us and it will be not lasting long. So after much thought and consultations i have decided to end this relationship. I have a small son aged 41/2 years i want to take the son and live the rest of my life for his future. How can i end this relationship and take the divorce. I heard that there is no divorce in christian marriage act. what are the ways in front of me. It is now around 2 1/2 years that they have filed the 498-A case. From my heart i can say that i am at no fault as i have looked after her very well but her parents to settle some scores with my parents tried to disturb our peace and it has lead with false prestige to this level of damage. Please advise me about the correct measures to approach which court as i am from Hyderabad, Andhra pradesh, India.


Asked on 10/13/10, 10:32 pm

3 Answers from Attorneys
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

YOU CAN FILE A DIVORCE AT THE FAMILY COURT IN HYDERABAD FOR DIVORCE AND THERE IS LAW OF DIVORCE WHICH ALSO APPLIES TO CHRISTIANS . BEFORE THAT SEEK FOR MATRIMONIAL ADJUDICATION.

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Answered on 10/13/10, 10:41 pm
Vishwa Arya Arya & Co.

for you the applicable law is under The Divorce Act. Interestingly, the earlier requirement of minimum two years seperation under this act has been reduced to one year to bring it in parity with Hindu, Parsi and Special Marriage Law. Ofcourse, you may file the divorce case at Hyderabad but in my opinion if your wife stays at another district, then, you, preferably, file it at the place where she is residing or working for gain. If you choose to file it at Hyderabad, there is a strong possibility that she may move for transfer of the case to place where she is residing or working for gain.

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Answered on 10/13/10, 10:51 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree.

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Answered on 10/14/10, 2:55 am


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