Can one file 498a during divorce proceedings?

Yes, Raj is right, PLAY SAFE and don't get trapped, even if the probability is only 10%. You never know what you may be up to after landing.

The HINDU law is totally in favour of the women in India in all respects, as such many are taking advantage of the one sided provisions of the Law..

I will suggest that you appoint some one trusted from your side as your negotiator to settle the issue with the girl's side. He must have full powers to negotiate. 

He should be able to represent you for counselling.

Kumar

@ author they can file N no of cases 

1. 498 A ( Dowry Allegations and torture ) The first thing the cops arrest you and abstract money from you by the time you seek anticipatory bail . Parents too may be included . You have to be present for each and every hearing you cant leave the country  . Hence you are better off where you are now . In case you want to meet parents than call them to the states 

2. CRPC  125 for  maintanence ,HMA 24 , Domestic violence case she can sit on your lap in your very own house and fart on you and you cant even drive her out . She will demand compensation in lacs .

3. Hence dont bother enjoy life where you are . Get friendly get into a live in relation ship . 

Better if you appoint a mediator from your side to settle the issues rather than you being present .

@ need advise 

Courts stink in india and double sided statements are made . 

Stanley when she already filed a 498a case. There is a chance to object to stay with husband. how can she two faced saying husband is cruel and also she want to stay wiht him. Either she has to agree that he is not cruel and she can live with him or she can claim rent for her. 

Amrit,

I don't know where she stays, but immediate arrests no longer happen in many states, including Delhi, Haryana, Chandigarh, Punjab, Uttar Pradesh. That may be the case in other states too, but I am not aware of the same.

It seems that the child is in your custody. So, if you can come alone and keep your passport safe, I see no problems in coming to India and trying to settle the cases once and for all.

Regards,

Divorce case is not bar to file case and make arrest. You can't get blanket anticipatory bail without any case. Police can file a FIR at any time even after apprehending you. Hence it is better to to continue the settlement talks from aboard.

Mr. Amrit,

A petition for Restitution for Conjugal rights is not an excuse or an exemption to protect you from being arrested.  Firstly, Restitution is a civil law in India, whereas the dowry demand and protection of women against domestic violence are criminal laws and very stringent.  What if suppose somebody from wife's side is keeping track of your movements and alerting the police to arrest you in the Airport itself, there is no law forbidding the Police from going head with your arrest;  As apprehended by few others, I am also of the strong opinion that your wife's side are on some game plan to drag you down to India and wreak vengeance against you in the manner they have already planned to execute.  You can seek Anticipatory Bail from outside, but you have to be present here physically for execution of the same.  Try arrange some trust worthy mediators on your behalf and arrange for sort of one time settlement, however be cautious keeping your eyes and ears opened always so that you are not taken away by honey coated cajoling words or flattery lest you will be landing up in your grave.  Try and engage a trustworthy lawyer and proceed taking a cautious step always because the Indian law for women sees men as beasts and are bent upon to torture and kill him till his death. 

Advocate Kalaiselvan, Vellore Ph: +919443441062

RCR is anyways a waste of a case, you may please go through my article on the same issue:

https://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp#.Ui9UhtJWZbg

Regards,