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Ajay (Software Professional)     10 October 2011

Urgent decision to make on exparte

Filed divorce on cruelty grounds 9 months ago. Ex appeared for first 2 hearings and after which she dint appear for next 3 hearings nor did she file any reply. My lawyer has said I will get exparte in my favour if she doesnt appear on future dates too.

I have 498a pending on me for 2 years now. In which she has stated she wants reunion. So if I get exparte now can it help me in the 498a and prove it to be false.

Cos if she wanted reunion she should have contested or atleast replied to my divorce right. Or caN she break that chance by stating she had a change of heart in reunion matter because of her sufferings (which is false) and so she chose to get herself relieved by giving me exparte.

in 498a case, how serious will judge consider her not contesting the divorce inspite of stating she needs reunion and how favourable will it help me to prove in 498a case.

Experts need your advice in this matter...



Learning

 3 Replies

Sanjeev (Lawyer)     11 October 2011

Divorce and 498A are seperate divorce proceedings will in no manner impact 498A trial.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 October 2011

Both the cases are independent.

 

However, it is advised that you proceed with ex-parte divorce and then fight 498-a on merits.

 

With your divorce, you can re-start your life and then with the passage of time, 489a gang would feel the heat.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     11 October 2011

BOTH THE CASES ARE DIFFERENT. YOUR WIFE IS BEING GUIDED BY A GOOD LAWYER. YOU ALSO NEED A GOOD LAWYER. YOU PROCEED YOUR DIVORCE CASE EXPARTEE.


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