if 498a is pending on acquittal.what court grant divorce

murthy sr (Querist) 25 April 2022 This query is : Resolved
My wife file 498a 3,4 in 2017.after trail in 2019nov we got conviction with a fine of 1000rs. Later we gone for appeal . The appeal was allowed in 2020 dec. We all got aquittal.And our fine amount also we get back. After appeal time in 498a i file a divorce under 13 1 ia,ib. Now petition is in enquiry stage. After receiving divorce notice my wife went for appeal on 498a aquittal in high court using section 378(4). They got number in highcoury.Now it is in for admission stage.I have baby girl staying with my wife. My wife is a software engineer at Dell software company.Now what court will decide.court will grant divorce even 498a acquittal is in pending? From 2017 we are not together. 13 1 ia,ib are suitable sections for this divorce or not?~ kindly give me ur valuable advice.

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This discussion explores whether a divorce can be granted when an acquittal in a 498A case is under appeal. The general consensus is that a divorce is likely to be granted, as the filing of the 498A case itself can be seen as cruelty, and the prolonged separation indicates irreconcilable differences. The acquittal in the 498A case further weakens the wife's position in contesting the divorce, suggesting her allegations were not sufficiently proven.

K Rajasekharan (Expert) 25 April 2022
There is no much direct connection between these two cases, except that the ingredient of “cruelty” comes into play in both cases. But the advocates may use the same fabricated stories of cruelty by one against the other in their respective cases in different ways.

IPC 498A, alleging cruelty and harassment, is a sword in the hands of a fighting wife. It indicates that the discord between the spouses cannot easily be solved till they exhaust their resources and time considerably.

That filing of such a case itself can be considered as exercise of “cruelty” on her part towards the husband which turns into a reason for filing divorce case by the husband. In addition, the separate staying of both also indicates that settlement of issues between both is not an easy task. So, there is clear justification for filing the divorce case by the husband and it would most probably be considered by the court, favouring divorce, even if the wife contests it.

Acquittal by one court and imposing an insignificant fine by the other court indicate that the wife could not convince the court about her allegation of cruelty properly, irrespective of whether that was there or not actually.

But the fight will go on when the spouses are educated and reasonably rich, till they exhaust a significant portion of their money and time in such cases. That would be good for the advocates who are in a troubled post covid phase even though such cases clog our judicial system from delivering justice in serious criminal and civil cases of substance.

Dr J C Vashista (Expert) 26 April 2022
Well analysed, opined and advised by expert Mr. K Rajsekharan, I concur and appreciate.
Besides the above advise, did you ever apply for the custody or visitation rights to your child ?

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