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Ajay (Software Professional)     17 May 2011

Will exparte divorce save me from pending 498a

Hi, my wife filed a false 498a case about 6 months back on me(husband), my mom and my sister. FIR is still not filed but the case is registered and they have got CSR copy. Police gave several rounds of counselling but failed. Wife did not withdraw the case. She is also not interested in joining back but hasn't stated it explicitly.

 

At this stage on my lawyers advice I have sent a divorce notice on 13 a cruelty grounds to my wife. Will it save me from 498a case?

 

If I get divorce degree granted by getting a ex-parte divorce or if she replies that she also wants divorce can I quote it for the 498a case get it quashed?

 

My ultimate doubt is that will divorce filed by me, if its granted (either by exparte or wife accepting to divorce) will it save me from pending 498a case?



 5 Replies

Avnish Kaur (Consultant)     17 May 2011

no.

using divorce to negotiate withdrawal of false 498a , standard tactics in present scenario.

Advocate M.Bhadra   17 May 2011

An F.I.R, u/s 498A is a pending   matter of police authority to investigate the matter and a case woulld be started,  divorce decree would only dissolved your marriage .
 

Arup (UNEMPLOYED)     17 May 2011

I have sent a divorce notice on 13 a cruelty grounds to my wife. Will it save me from 498a case?

---   no. because both are seperate issues seperate case, will be decided seperately. 

Murali (muralikris0008@gmail.com)     18 May 2011

I would like to know how can I get back my wife ? she filed against me 498a ,dv like,she needs divorce and maintenace charge,it might happen on some misunderstandings,how can I get back her in this situvation,I have filed RCR to her..

Murali (muralikris0008@gmail.com)     18 May 2011

Is there any sections of case from husband to file against wife and her fmaily ? since they filed against to me and family false 498a,dv like..pls let me know


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