aarushi (SSE) 18 September 2015

How to proceed

Hello Members. If husband did not come for the mutual consent divorce after agreeing In 498a mediation requested by him, how should I proceed with the case. He and his parents took exempt and not attending 498a hearing after submitting the mediation report In the court. I had before filed contested divorce case individually after noticing no progress as per the decision agreed in mediation, in which exparte order will be issued in next few days. Learned members , please suggest how to proceed with 498a and divorce case. Thanks in advance.

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6 Replies

saravanan s (legal advisor) 18 September 2015

498 a can be filed even after divorce.but now since you are close to geting a exparte divorce just get it and lead a peaceful life.

(Guest)

Agree with expert.

aarushi (SSE) 19 September 2015

As per 498a mediation, husband was supposed to pay some alimony(not a big amount) while divorcing. My question is .. would the case be quashed even after ex parte divorce? And could he challenge the ex parte decree in future?

(Guest)

Originally posted by : aarushi
	As per 498a mediation, husband was supposed to pay some alimony(not a big amount) while divorcing. My question is .. would the case be quashed even after ex parte divorce? And could he challenge the ex parte decree in future?

Exparte orders can be challenged in HC, but time limitation of 60 days is there, but as it is matrimonial matter, and if you are still not yet remarried, husband may as well try to go for appeal and ask HC permission before he files it, HC will also consider his appeal even if it crosses 60 days time limit.

prabhakar advocate (advocate) 19 September 2015

In the mediation, as he has accepted to give divorce and he went back from his promise, you are entitled to pursue S. 498-A case vigorously till you get the amount what he promised in mediation.