498a and dv case can run concurrently with divorce appeal in

if the appeal in the high court confirms the decree of lower court then on the basis of that i think you can file a application for quashing 498a in high court.anyhow gwt the opinion of learned experts to confirm

@ Satya,

Your query involves number of issues.

High Court shall take on the appeal case against the order/ judgment passed by Trial (Family) Court..

For further clarifications you may contact me on pre-paid consultancy.

Dr. J C Vashista, Advocate Delhi High court

email: majjagdish@yahoocom

We need to file appeal in high court for confirmation of decree of divorce?

The appeal preferred before high court is by the aggrieved party, are you the aggrieved party?,  If she has file an appeal against the judgement in divorce case, the high court will look into that particular case and the merits and demerits in that, it has got no botheration about the pending dv or 498a case, why do you get perplexed by thinking too much of nothing or combining  unrelated things together and looking worried?

All three cases are separate cases. 498A and DV has different jurisdiction. What best you can do, is request the high court, that she only desirous to quash lower court divorce order, to blackmail you as by this she will create pressure on you in 498A as until 498A is there and divorce is also there, in case of 498A, the probability of Jail is lower in that court. However, DV case is a case where the order has to be given for maintenance or other protection order so as per section 24 of the new development regard, you can file a application that since you are divorced, DV has only maintenance grant and protection order vested, hence, since you are not living with your ex, so protection itself doesn't matter as nobody got police guard all time. Max court order you to not contact with her and that is surely you are not doing nor desirous to do that. MOREOVER, IF SHE IS WORKING SO NO MAINTENANCE, HENCE ONLY PROTECTION ORDER IS ONLY OPTION AS RESULT OF DV.

As far as it is concern for 498A, now with new judgement of SC recently, arrest is likely to be difficult and hence, proving 498A is again another issue. USE SHALEEN KABRA VS KABRA's High Court judgement where the cross argument is now necessary on both side to prove that there were any physical violence...

ADVISE: HAVE PATIENCE, AS WE LOOSE PATIENCE IN COMPARISION TO WOMAN. WAIT AND FIGHT CONTINUING THERE. 

RECENT ARTICEL OF TIMES OF INDIA STATES THAT DIVORCEE WOMAN ARE DOUBLE IN % TERMS IN COMPARISON TO DIVORCED MEN, WHO ARE WAITING FOR THE REMARRIAGE....

SO DON'T WORRY...IF WOMAN'S HAS DECIDED TO WASTE THEIR LIFE FOR THEIR EGOS AND PARENTS, MONEY ONLY.............THEN NO ISSUE...WE ARE ALSO NOT DINOSAURS, WHOSE BREED IS GOING TO COLLAPSED.. SO FIGHT ALL CASES AND TRY TO REACH TO SUPREME COURT AND HIGH COURT AS TRIAL COURT AND SESSION COURTS ARE BURDENED WITH SO MANY REPEATED CASES THAT HOPING FOR GETTING ANY RELIEF IS NEXT TO IMPOSSIBLE.

THANKS