Hi Anusha,
First the 498a case should get over it take (6-7 years time)
About this SMS, it should be proved that the sim card belongs to your husband, and then only such SMS can be treated as evidence where he asked dowry from you. The mobile device used for sending such SMS should also belong to your husband, only then such can be used as evidence against him.
For divorce, there are 2 ways, 1 is MCD, which get over in 6 months time. 2 is contested divorce, which wont get over until its 7-8 years, if your husband contests your divorce petition, you will get divorce based on merits of case by 2022.
if husband wants re-union, go back to him, resolve differences, dont go to court just for the sake of it.
Always remember this, a known devil is better than unknown devil.
My advice is, better go back to husband. Going through divorce will be hell. And after divorce it will be another hell to search for suitable partner. Better go back to husband.
If things cannot be resolved at all, better take Mutual Consent Divorce, and part ways like gentleman in just 6 months time. All the best dear.
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Reply to your second question: Asking dowry is punishable offences under 498a of DP act, not divorce act. First it should be proved that he asked dowry. Then based on that you can file divorce, which he may contest, and it will take lot of time to get over. Best way out is MCD. Getting divorce is not that easy dear.
Sir FIR filled in august till now no summons came to me to attend court. please advice .
how much time it take to hear a call from court ?
While counselling investigation officer also saw the messages , he also scold my husband for messages. while seeing messages i think court will also feel that he is bad and give divorce and put him in jail ?
Lady, its not that easy, you are in so much hurry !
Courts in India are delay centers. Courts work on basis of law, and not what you think. Have patience or go for MCD, convince husband to agree for divorce, go request him, fall to his feet, do whatever it takes but make him say YES for divorce.