Q&A : How can I earn money by divorcing a drug addicted Indian NRI husband? Can I file 498a against him to show the power of women?

This was an interesting question that came from an online forum. Our editor's response follows

I see two red flag here
  • Your intent to “Earn money by divorcing.” Divorce is an ultimate step couple take when they are not able to reconcile matrimonial differences. The process is never easy is can be highly stressful. To even think you are planning to ‘earn money’ by divorcing is despicable.
  • Trying to file a “498a to show power of women” As per wikipedia, “498a is an Indian law in which a husband and his family are summarily arrested without any investigation when a complaint is lodged by the wife or any of her relative claiming that the husband or his relatives treated her cruelly. Once the complaint is lodged the husband and his family are presumed guilty and it is up to them to prove that they are innocent in a court of law. This law has been under much controversy due to its increasing misuse leading to breakdown of families. It does not cost anything to file a 498A, and there is no penalty (or even a fine) for filing a false dowry complaint which has contributed to a fast rise in the number of such cases in courts today.”
If your husband is indeed a drug addict as you claim, your first step should be to seek counseling and treatment. After he has been treated, seek counseling to see if you can reconcile your differences. Divorce should be the final step if both of you are unable to reconcile your differences.


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