Divorce suit

The Saint (Querist) 10 February 2015 This query is : Resolved
Sir, i have two separate queries. Husband had filed divorce and then wife filed 498a on husband. as the 498a trial was in progress, husband did not appear in the divorce proceedings.Court gave few dates and finally showcaused husband.
1)can husband reply in showcause that 498a trial was in progress so he can not attend the divorce proceedings.
2)can husband amend the divorce suit to include 498a as additional ground for cruelty?
please suggest

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adv. rajeev ( rajoo ) (Expert) 10 February 2015
He cannot say like that. If he remained absent in the divorce case, it will be dismissed for default.

Devajyoti Barman (Expert) 11 February 2015
1. Show cause is a routine affair and any explanation is more than sufficient.
2.Yes, he can.

malipeddi jaggarao (Expert) 11 February 2015
Well advised by expert Mr.Barman.

Rajendra K Goyal (Expert) 11 February 2015
1. Husband should appear and explain.

2. He can add.

ajay sethi (Expert) 11 February 2015
agree with experts

Dr J C Vashista (Expert) 11 February 2015
He should appear and attend the proceedings and amend the petition with permission of the court.

T. Kalaiselvan, Advocate Online

(Expert) 13 February 2015
Amending the plaint of the divorce suit to add the subsequent developments may not be permissible. This can be brought on record during trial, consult your lawyer and proceed.

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