Can 498a be filed against me

Situation : I live with spouse in USA. We been in USA for 12 years (me from Apr 2006 and she was here even earlier and returned right after marriage in Dec 2005 itself). and since 2014 we are Permanent residents. Have one kid. She and I never got along and don’t have sexual relations since 8-9 years but live together. She never liked sex and I eventually gave up. Don’t even talk to each other. We have nothing between us. I’m very tired of this and want divorce so I can start a new life. Have not talked to spouse about divorce. Getting a divorce in US may not be very hard but I’m scared she might get influenced by family to file 498a. She is very conservative and simple person and not aggressive at all and keeps quiet all the time. Me or my family has never asked for even one rupee from her . She has never been harassed about anything ever and there has been no domestic abuse ever since we married nor any complaint from her whatsoever. I’m worried out of vengeance she could file 498a just to ruin me and family and so that I have to go back to India and then I can’t live my life in US. Can she file 498a even when we’ve live all our married life in US
Related Topics : Divorce Law
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Sir,

 

Say you divorced her as per your family customs and marry again. See the following judgment online.

 

Supreme Court of India
Yamanaji H. Jadhav vs Nirmala on 1 February, 2002
Author: S Hegde
Bench: N. Santosh Hegde, Doraiswamy Raju
CASE NO.:
Appeal (civil) 4969 of 1998
PETITIONER:
YAMANAJI H. JADHAV
Vs.
RESPONDENT:
NIRMALA
DATE OF JUDGMENT: 01/02/2002
BENCH:
N. Santosh Hegde & Doraiswamy Raju
JUDGMENT:
SANTOSH HEGDE, J.
The appellant in this appeal was the defendant in O.S.No.156 of 1982 before the Principle Munsif
Bijapur, which suit was filed by the respondent plaintiff praying for a declaration that a divorce deed
dated 26th of June, 1982 executed by her was obtained by coercion and threat and for cancellation
of the same. The said suit came to be dismissed by the trial court and an appeal against the said
judgment being dismissed, the respondent plaintiff appealed to the High Court. The High Court in a
second appeal has reversed the finding of the courts below and has decreed the suit with a further
direction that the concerned District Judge should file a complaint against the plaintiff for an
offence committed by him against his wife within three months from the date of the receipt of the
said judgment. As noted above, the appellant plaintiff is before us in this appeal.
We will refer to the parties in their status in which they were arrayed in the trial court.
The case of the plaintiff in the trial court was that her marriage with the defendant was solemnized
on 26th of May, 1978 and though they lived as husband and wife for some time, she was constantly
ill-treated by her husband consequent to which she was hospitalized. Subsequently the defendant
had filed a matrimonial suit for divorce in the year 1979 and the said suit came to be compromised.
However, the relationship between the two did not improve and husband was continuing to demand
a divorce from her. Ultimately, she was sent back to her parental home because of which she was
constrained to file a petition for maintenance. It is further claimed that the defendant forcibly took
Yamanaji H. Jadhav vs Nirmala on 1 February, 2002
Indian Kanoon - http://indiankanoon.org/doc/1641482/ 1

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