Exparte or contested? need clarification urgent

Yes.  It is ex-parte divorce case.  There is no material difference between contested divorce decree and ex-parte divorce decree.  In contested divorce decree, the party who loses the case can go for an appeal directly, where as in ex-parte divorce decree, the losing party has two options - one, to go for an appeal directly on the merits that the person (here husband) failed to prove his grounds and so decree is liable to be set aside or  second option, to go first to set aside ex-parte decree seeking the permission to contest the case and after getting the application allowed, contest the case on merits.

In general terms, Mutual consent divorce cases are called uncontested cases, where as all the other cases, whether ex-parte or not can be called as contested cases.

Yes. It would be against our interests.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

yes i am agree with Ld friends

Thanks! If the exparte is decided in his favour will it affect the 498a case in anyways or can he use it for his advantage to go for quashing or to file any other case to harrass me etc.  Why because I let it go as exparte just for peace of mind and come out of all sooner but is there a chance for him to use it to drag me for any other cases. Pls let me know.

ex-parte divorce automatically gives the liberty  to the husband to get Section 498-A quashed.  Section 498-A can be quashed or not quashed depends upon the merits of the allegations in the complaint and the FIR and the evidence collected before filing the charge sheet.  Similarly, if the trial goes on in Section 498-A, ex-parte divorce will not help the husband to get  acquittal and again it depends upon the evidence led by the prosecution that decides the matter.  Filing other cases, if  he is acquitted in Section 498-A,  he can file defamation case.  But in very rare cases that thing happens and invariably (99.99%) he loses that case.  If child(ren) are there, custody cases can be filed.

Do not get panicked.  If you are not interested to stay with him and do not want any maintenance or permanent alimony or residential rights in the residence and property rights in his ancestral property, let him get divorce decree by way of ex-parte.  It will not effect you that much, if you have well chalked out future plans as divorced wife.

In the first line, it should be read "exparte divorce decree automatically DOES NOT give the liberty to the husband to get Section 498-A quashed.

Error is regretted.

He can seek benefit under trial while cross-examination. Because you seem to have accepted his contentions there.

once you are ready for divorce, settle all the matters once far all. 

Rightly stated.