Sreenivas V (S/W) 18 March 2010

498A Verdict vs Divorce

Based on some articles I came to know that we can file for divorce if the wife filed a false 498A case.

Assume if a divorce was filed based on cruelty (false 498A) how long will it take to get divorce.

Are we still have to pay any maintenance if got divorce based on cruelty(false 498A)

Also how 498A will be treated as cruelty? Meaning if the trail has to be completed and a clear verdict of false 498A should come. What if she withdraws the case after 2 years in court trial started will it then be considered as cruelty. What if the court cancles the case based on wrong Juridiction after 2 years in court and trial started.

Please advice me on the above conditions and cases as I need this for my future case progress.

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2 Replies

goutam (law) 18 March 2010

YES U HAVE A GOOD CASE FOR CLAIMING DIVORCE ON CRUELTY

(Guest)

1. If u file divorve post 498a it will be percieved as prooving her cruelties grounds as in her 498a.
2. She can't take the 498a back it has to be quashed in HC only.
3. Average shelf life of a 498a acquittal that also with lots of running around is 4 - 5 years.
4. Average shelf life of a divorce (contested) case is also roughly the same.
5. In both cases be prepared of side deserts you and your family will receive (in 498a many of your family members could be named accused + in divorce case she is bound to file for maint. as well as multiple maint cases under S. 125 CrpC / DV act).
6. if all above is not enough then be prepared for financial drain / mental sufferings / life and reputition loss in between acquittal / decree and then act accordingly.
ATB with your future preparations.
Rgds.