498 after divorce as X party

Mukesh Solanki (Querist) 16 December 2017 This query is : Resolved
Dear sir I was married for 3 yrs in pube and did everything to save my marriage. But my wife wouldn't listen and left my 1yr baby to me and left. I filed for divorce and after 1.5yrs I hv a divorce as xparty .now my wife as filed a 498against me In rajasthan. How do I go about it. If I produce the document for divorce it has 5000rs as maintainace mentioned. I do not wish to pay this. What is the ed advice on it

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Sudhir Kumar, Advocate (Expert) 18 December 2017
not very clear of the facts.

where is the question of maintenance in divorce deed or 498a application.

P. Venu (Expert) 18 December 2017
Yes, the facts posted are confused. Anyhow, divorce is a civil proceedings; but 498A is a criminal proceeding. Both matters would have to be dealt separately on their merits.

Guest (Expert) 18 December 2017
Ex Parte decree could be challenged with valid grounds.

Guest (Expert) 18 December 2017
You have to face the trial for 498 A at the place where it had been filed

Guest (Expert) 18 December 2017
In 498 A cases the police can not initiate action with out the Permission of concerned Court.

Guest (Expert) 18 December 2017
First amicably sort out your issues with your wife and get united. atleast for the sake of your child.Or a part of your life would be spent in Courts.First make a decision about Divorce whether your wife accepts it.

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