Divorce and 498a
help wanted
(Querist) 12 July 2014
This query is : Resolved
1. i am a Indian wife and have a 7 years old son and currently employed.
2. I had got married in 2006 and ever since faced physical and mental harassment from my husband and inlaws for more dowry and my father's property.
3. I had lodged a 498A case on the above grounds and after fighting the case for 6 years finally my husband has been convicted under 498a case and the I Additional Chief Metropolitan Magistrate at Visakhapatnam in CC 1180/2009 convicted him giving a sentence of one year imprisonment and to pay a fine of Rs. 2000/- vide judgement dated 27-03-2014.
4. My husband has now filed a Criminal Appeal 42/2014 is filed before the I Additional Metropolitan Sessions Judge at Visakhapatnam against judgement of the lower court. The sentence is pending disposal of the criminal appeal.
5. I'd like to bring to your notice that he had deserted me 6 years back when my son was just days old and since then i have lived separately from him.
6. My question is - can i now apply for divorce while his appeal to the conviction for the 489a case is pending in the court. Can i continue to fight the 498A case after getting my divorce.
7. i wish to take the divorce on the grounds of cruelty that has already been established in the 498a conviction and the fact that we have been living separately for more that 6 years now and the marriage has broken beyond repair. I also wish to continue to fight the 498A case till he is put behind bars for the injustice he has done to me.
Kindly Advise.
Devajyoti Barman
(Expert) 12 July 2014
1. Filing or contesting divorce suit has nothng to do with pendency or outcome of 498A case. Unless you get divorce your martial status will continue to be the wife of your man.
2. Yes cruelty is good ground of divorce.
Nadeem Qureshi
(Expert) 12 July 2014
read your mail.
you can file divorce case against him on cruelty groung as mentioned u/s 13 (1) of hindu marriage act
ajay sethi
(Expert) 12 July 2014
yes you can file your petition for divorce on grounds of mental cruelty . merely because appeal of your husband is pending against conviction under section 498A does not debar you from filing for divorce
Rajendra K Goyal
(Expert) 12 July 2014
Yes divorce can be filed. agree with the experts.
