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Section 498

Querist : Anonymous (Querist) 17 June 2010 This query is : Resolved 
Hi,
First of all thanks to those people who has started this online initiative of helping the needy ones. Coming straight to the point…..i got married on Nov 2008, after April 2009 things were changing for my wife with the help of her mother. On June 2009 she asked for separation which I didn’t agree dutifully. 4th of July 2009 her parents came to my home and took her with all her belongings. On 5th September 2009 she filled Section 498 against us. Fortunately I came out from bar within 2 days. From then until yesterday there were no communications of any kind from both the sides. Today I received a letter from court where she has asked for divorce. As per my knowledge goes she might get one-sided divorce as she can prove that we were separate for a year, but 1. what will happen to the case Section 498 that she has filed against my family. 2. How long will it last after the divorce procedure is done? 3. Can I do something after the divorce so that the case against me is resolved quickly.
Awaiting a good and positive reply ASAP.

Thanks,
Abhishek
Devajyoti Barman (Expert) 17 June 2010
First of all you are wrongly advised that after one year as both of you are staying separate so she will be granted divorce. Now the replies:
1. Granting of divorce has got nothing to do with the 498A case as both the cases are of different branches of law and has got no bearing upon each other.
2. The average time of trial of 498a is more than 5 years.
3.You can always pray before the Magistrate for expeditious trial and if no result is given then move the high court.
adv. rajeev ( rajoo ) (Expert) 18 June 2010
Agreed with Barman.
Legal Fighter (Expert) 18 June 2010
You are legally ignorant despite having cases for past 1 year. From which city are you from? Search google for required information and the criminal section applied to you is 498A and not 498. For more knowledge/information, you can visit weekly meetings of "Save Indian Family" group. Search google for the same and get yourself legally awared.
Querist : Anonymous (Querist) 19 June 2010
thanks everybody for the quick reply. Well, there is another update which i recieved yesterday. She has filed Sec 13(1) and Section 13(A).

If i agree and sign off the divorce paper, how long will the Section 498 case last even after the divorce procedure is over?Should i proceed to high court for a contest or should i leave it for its natural course.

Regards,
Abhishek
Querist : Anonymous (Querist) 19 June 2010
i am sorry and as said correctly the Section is 498(A) and not just 498, well for a layman like me anything legal is a soup of shit.
Sukhija (Expert) 20 June 2010
hi
do u want to get her divorce ex-parte?
why dont u oppose her for divorce? If u want to get her divorce then u shd go n appear in the court and ask for mutual consent and put condition that she shd withdraw all allegations u/s 13(1) (i) against you unconditionally, that will benefit u fighting 498 A.
And u can also ask her (second condition) to withdraw 498A before agreeing for mutual consent divorce. All ur prob will be sort out. If ur case is in Mumbai call me 9820492936.


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