Can we file 498a case

GANGAM.RAJENDER. (Querist) 01 December 2013 This query is : Resolved
DEAR EXPERTS,
husband and wife are not living together since two years. the wife has filed a divorce petition since 5 months back but the husband not interested to give his consent to divorce.before the hon'ble judge the husband deposed that i am not interested to give divorce to my wife but he is very cruel in nature.still i am not filed the 498 A case ,
Q1.after two and half years can i have a right to file 498A case.
Q2.SHO rejecting my complaint as you approached the court for divorce so you have no right to file a case
Q3.PRESENT WHAT STEPS DO I HAVE TO BE TAKEN
PLS SUGGEST ME SIR.
thank you sir.

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ajay sethi (Expert) 01 December 2013
498A case you need allegations of dowry harrasmment . in your case you have already filed for divorce . you can file 498A ccase but you have to satisfy the ingredients of 498A .

Adv. Chandrasekhar (Expert) 01 December 2013
If the wife is subjected to cruelty related to dowry or mental harassment, she is entitled to file a complaint under S. 498 A, irrespective of her divorce case is pending before the competent court. If the SHO refuses to register a complaint, the wife can file a private complaint under S. 200 read with S.156(3) of cr.p.c. before the competent magistrate.

Rajendra K Goyal (Expert) 01 December 2013
Wife can file case if ingredients of section fulfilled.

Sudhir Kumar, Advocate (Expert) 01 December 2013
not clear if there is dowry demand or mere cruelty

please come with facts leading to separation

V R SHROFF (Expert) 01 December 2013
What allegations made against ur husband in Divorce case is important.
If new allegations in 498, it may not survive.NEW GRD AFTER 2 YRS,WILL BE OBJECTED ..

FIGHT DIVORCE CASE ... & GET DIVORCED

Devajyoti Barman (Expert) 01 December 2013
Yes you can file even now if you show that you are still tortured by your husband.

Raj Kumar Makkad (Expert) 02 December 2013
I have also the similar opinion as expressed above.

P. Venu (Expert) 02 December 2013
The profile of the member reveals that the Learned Friend has posted an imaginary question. And he has been posting too many of them.

It would have been more healthy and ethical if issues are raised for discussion in the FORUM.

GANGAM.RAJENDER. (Querist) 02 December 2013
expert venu sir ,the above query was not an imaginary question sir,i am practicing as an junior advocate,my senior advocate's clients are raising the questions so we want to give proper answer for conformation i am taking experts opinion sir .i am sharing my little knowledge to respected experts sir,and i got answer regarding the query case law: bhupinder kumar vs smt versha rani (2005)140 plr 199.
thank you respected sir.if any wrong my side pls excuse me experts.
thank you sir.