Divorce exparte

Wrong direction...... what is the purpose of filing a 498-A case after 2 years of filing of divorce petition by your husband..?

First of all decide what you want... considering the fact that you let the divorce petition go exparte and filed a 498A after 2 years, it seems you are not interested in cohabitation. so approach your husband, take one time alimony and go for MCD.

Thanks Archana.Please can I be advised whether 498 will hold now.

It is not proper to comment upon the outcome of any case without knowing the full facts of the case, however, frankly speaking, when you have filed a 498A case after 2 years of filing of divorce by the husband then, prima facie it does not seem that it will stand and secure conviction.

see dear its not a question of filing 498a after divorse that creates a wrong imprssion on the judge itself becuase after you are separating there is no point to file criminal case upon him its a harassment on him without no cause. please email details to me, i will guide you in a very proper manner so trust upon me to avoid all great difficulties regards rajeev : email : rajeevgupte1980@rediffmail.com

Ms. Sailaja,

The question of whether S. 498-A filing is proper or not or whether conviction can be achieved is purely based on the facts of the case.  If during the matrimonial life, if you met with physical harassment, cruelty or mental harassment by your husband or any of his relatives on account of dowry demand or otherwise, then Section 498-A lies.  Otherwise not.  It has no relation that you filed it two years after his filing of divorce petition.  It is unheard of that filing the divorce petition gives immunity to the husband to face criminal trial for the physical harassment or mental cruelty perpetrated against his wife during their cohabitation.  Let us suppose, that the husband committed the offences as described in Sectin 498-A to derive dowry from the wife and from his hapless parents.  After succeding to some extent of swindling the dowry, and reaches an informative conclusion that nothing further could be extricated, he would file divorce petition to get rid of his subdued wife with further intention of finding a new victim for his predation.  So, if you met with such cruelty, then go for Section 498-A.  Quite often people miss a very important factor, that Section 498-A is not an offence by the husband against the wife, but it is an offence against the State.  The object of Sectin 498-A is not harmonise the relationship between the cruel husband and victimised wife and restore the matrimonial life, but to stop the trend of male atrocities against females, as latter being weak and forced to live in husband's home by force of cultural ethos in altogether alien atmosphere.  This protective beneficial provision could not be used by the women because of the stigma they may face if the criminal case is filed against the husband or lurking suspicion that her matrimonial life may be irreparably damaged.  With these phobias arises out of our despicable male dominated cultural society, the victimised women are not in a position to avail the benefits of Section 498-A. 

well opined by Archana madam,you filed MC then let the divorce go exparte and then filed 498 on him after 2 years of seperation will not augur well in your case.The harrasment factor with a oblique motive will not be ruled out.Please note that official figures of 95-98 % of false 498 cases are due to the wrong advice meted out by vested interests.This is not necessarily in your interests.