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Sashvitha (xxxxxxx)     21 February 2016


Dear all, i had a decree of divorce from my husband and 498a is still pending at the high court. They got a stay on 498a. And it has been dated on 23 of this month. I would like to know what is that i can do to further continue the case as i still need to get maintenance for my kid. And alimony for myself. Please advice me in this regard.


 3 Replies

Vijay Raj Mahajan (Advocate)     22 February 2016

You inform the High Court bench that the section 498A IPC FIR can be agreed for quashing provided your husband pay you alimony amount and arrange for the maintenance for your children, if he is not agreeing for this than let the 498A IPC FIR continue till the prosecution process is complete in the trail court.

As far the divorce proceedings decided will not have any effect on the pending proceedings in the criminal complaint u/s 498A IPC.

Rohit Krishan Naagpal (Advocate)     22 February 2016

Divorce judgment on merits in your favour gives a strong presumption of cruelty perpetrated by your husband so it in a way help u but once divorce happens court always ask parties to settle their other cases and in case your ex husband agrees you can ask for a reasonable amount for yourself and your kid.

Sashvitha (xxxxxxx)     22 February 2016

Nagpal sir, the case has been listed for admission for tomorrow. And my advocate isnot available tomorrow. Can i directly fight the case. Am i eligible to do so?? If that is the caee. What is that i can say to the honourable court

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