498a, filed, 1 year of separation, can i file for divorce???

You can file for divorce. 498A does not stop you from filing divorce.

Hello AAA,

The above advice is overly simplified. You can file divore pettion on the ground of cruelty meted on you, not on the basis of separation. Since desertion through separation requires minimum  2 years, under HMA section,  you cannot seek that as a valid ground for divorce. Rather go ahead with refusal to cohabitate which is cruelty and false allegation of 498a. Remeber false 498a proved is ground for divorce. If you are forced to contest, then no choice wait for court declaration that dV and 498a is false, then that itself is ground for divorce.

All the best,

Mani

Ashmita and mani are right. Go for divorce.

Good luck.

Thank you so much sir, for the adivce and guidance..  one question that i have is.

Does the counsellers report hold any legal value??? 

was told that only makes opinion for judges, for not as evidence to declare result  based on that.