Ajay (Software Professional) 17 May 2011

Can exparte divorce save me from pending 498a case

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 and i dont think its proceeding too. 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?

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6 Replies

Sanjeev (Lawyer) 18 May 2011

No 498A is a seperate case and will continue even after divorce.

Arup (UNEMPLOYED) 19 May 2011

Will it save me from 498a case? --- no. both are seperate.

she also wants divorce can I quote it for the 498a case get it quashed? --- no both are seperate.

will it save me from pending 498a case? --- no.

but ultimately you will be need a divorce. therefore you may try it now onwards.

Tanay Chakma (advocate clerk) 04 June 2011

it is imposible, i think u have to compromise with her. it will be better for u.

Sudhir Kumar, Advocate (Advocate) 29 January 2012

Divorce puts end to the marriage. 498a is a criminal procedure, it will not extinguish with the marriage. Ity will continue even after divorce till a decision is delivered.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 January 2012

Right Sudhir,

But once again, dead thread revival............ why dear?

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

dileep (Software Business Analyst) 02 March 2015

So,Is it not the intensional herassment of the wife against husband? why the law supports this type of litigations?

The Intension of getting divorce is to live seperately from the husband. after getting the divorce how could we call her as his wife. if she file 498 against husband how the law can accept it? if it accepts ,on which basis....?

please give me the clarification