Rakhi (Software ) 30 April 2011

Filed 498A and divorce case against my husband

Dear Members,

Im married for 6 yrs and i dont have kids till now.Im a working lady.After trying hard to compromise,it

was difficult to control my husband errant beahviour,physical as well as mental and i had lodged FIR against him.The police have chrged hi with 498A ,3&4 DP act.He was taken into custody and then came out in bail.

I have filed divorce suit against him too.What i do understand,that both the cases are different.Now if the police delays in filing chargesheet and if my husband lingers the procedure,will it have any impact on my divorce case.What i understood that 498A case takes longer time for trial,and will it delay my divorce case too.If it is so,what do i need to do to speed up the case for faster trial.Kindly advice.

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5 Replies

sibasish pattanayak (lawyer) 30 April 2011

hi madam,

there is no relation with ur divorce suit and 498A case as u filed against ur husband, Submission of charge sheet by I/O of the instant case depends on complition of investigation , it may take time, u may enq into the matter through court where the said case is pending by filling an application before the Ld. MAGISTRATE with a payer for A REPORT CALL FOR REGARDING PROGRESS OF THE INVESTIGATION FRROM THE I/O.

AND in case of DIVORCE u may keep close vigil over the court process to gear up the matter,after getting an order /decree of divorce u may poceed with the criminal case.

please mention the status of both the cases for further advice.

Regards,

SIBASISH PATTANAYAK, ADVOCATE,

09874854594 / 09231668664.

E-mail:- sibasish_adv@yahoo.co.in

Tajobsindia (Senior Partner ) 01 May 2011

@ Author

While agreeing to Ld.Sibashish if possible reply in which city these two are filed to tell you average time either could be disposed off.

Hari (pp) 03 May 2011

Hello madam,

It seems you are in hurry to marry another guy. If you want only divorce then why did you file 498a and harrassed him.

can your give your husband's contact number/address, i will help him how to fight 498a/divorce cases. I assume that your husband is innocent.

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ravisankar (advocate) 03 May 2011

Dear madam, you have stated that it was difficult to control your hunband from his errant behaviour both physically and mentaly. So, i think 498A and 3,4 DP act would not attract. You have not stated on what ground you filed divoce petition. From your allegations stated here, If you filed under curelty ground, you may get divorce.

(Guest)

Originally posted by :Hari
"	Hello madam, It seems you are in hurry to marry another guy. If you want only divorce then why did you file 498a and harrassed him. can your give your husband's contact number/address, i will help him how to fight 498a/divorce cases. I assume that your husband is innocent.	"

Agreed, if its difficult to live with him, she can file divorce. A mutual consent divorce is much less traumatic mentally and both husband and wife can continue to make their career and develop their lives after that. Sometimes two people cannot get along for whatever reason and in that case its better to let each other off, peacefully.

Rakhi, just a small piece of advise from a female - Try to concentrate on making your life better. The system is very provocative, it teaches one to misuse law and in the process, one never know when one is herself misused by it !

I am sorry if my words are not able to reach your heart and mind, in that case there are so many on this forum who would be glad to advise you to use 498 A and DV Act and you are free to consider their advise.

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