Ajay Sharma (analyst) 29 April 2013

Divorce under 498a

My Cousin (Boy)in the problem of 498a, the girl left the home for some minute disputes and not ready to come back , He sent the legal notice to come back but she not came back , in reply she said I will come if certain conditions are full filled , but conditions are not written specifically, again my cousine send a legal notice stated that , come but unconditionally and if not i am going to take legal remedy (means divorce) in reply she put 498a against him.

May I know can he divorce her now or how he should come out of this mess.

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 April 2013

Under 498a notice will come from police stn. to your friend. He has to respond to that notice. As per the Inquiry officer of the police enquiry report only will reveal the fate of your friend.

Ajay Sharma (analyst) 29 April 2013

Thanks for the reply but here police not taken the FIR and the girl side went to court and got approval.

but the most Important thing is no where in the FIR they have mention regarding these legal notice.

As police known thae fact they have not taken the FIR earlier. but becaz its an court order my cousin got arrested and at present he is on bail.

Can he filled any counter case ?

498A_Victim (service) 30 April 2013

@prasad: I m also about to be arrested. As 498a is pending against m, & mediation is also not going positively. Can u pls tell me how u arranged bail for ur brothers????

Ajay Sharma (analyst) 30 April 2013

@Bhavesh : My cousin lawyer presented all the legal notice sent by him, in every letter its clearly mention to rejoin the family , it clearly shows there malicious act and hypocracy nature. And lawyer argued that its a girl who left the home and dont want to rejoin.

498A_Victim (service) 12 May 2013

@Prasad: sir, last date for mediation is given as 30 May 2013, pls guide me if in-laws not settle the matter by then, what need to be done from my side??