Sourav Roy (-) 07 June 2015

Acquittal from 498a what to do in divorce case filed by her

Dear Sir,

My wife filed several false cases like 498a, CRpc 125 etc. and in Crpc 125 case she got good order in her favour...Now in the meantime I moved to High court to get expeditious order to finish 498a case within 1 year and High court provided the same in my favour.

After knowing this high court order my wife filed divorce in ground of cruelty in her residential address.Now the problem is the 498a case will finish within 3 or 4 months and I am hoping I will got acquittal order very soon then what to do in my divorce case which is filed by her.

Because I also want divorce in the ground cruelty after acquittal from 498a case.So question is after acquittal from 498a case whether I would also file divorce petition in the ground cruelty in same case which she filed for divorce.

Or I will keep fighting not to give her divorce even after acquittal from 498a case and force her to compromise in mutual divorce by filling several criminal prosecutions against her.

Kindly suggest what should I do in my divorce case after acquittal from 498a case.

Please suggest.

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7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 07 June 2015

This is where the clients are misled by lawyers.Aquital in 498A in the HC,will not give U respite permenantly because the wife has much more ammunition in her armoury for the morrow.U mentioned she got a good order u/s 125.What are the grounds of cruelty U are going to state for divorce?

sridher (system analyst) 08 June 2015

if you accquital from 498 then it becomes cruelty from your wife and this becomes best ground for divoese

sridher (system analyst) 08 June 2015

if you accquital from 498 then it becomes cruelty from your wife and this becomes best ground for divoese.when u accquital the court can easily usnderstood that the cruelty done by your wife. contest the divorse on the base of cruelty

sridher (system analyst) 08 June 2015

jack (nothing) 26 June 2015

Please note that acquittal in 498a doesn't mean that wife has committed cruelty.most of the judges put the reason for acquittal because procussion not able to prove beyond the doubt. This doesn't come under cruelty. If it prove as false then it come under cruelty.

Navajit Patowary 06 July 2015

After 6/7 months If i wl get acquital from 498a(101% sure),why i shall file dvrc?after 2/3 yrs MIL will go to Narak,now her age 80+,FIL already settled in Narak.Nikamma BIL financially dependent on his lovely bank account -wife.my lovely dog must be come back and joined her house wife duties.

Arnab Banerji (Mob:- 92-3001-3001 CIVIL & CRIMINAL ADVOCATE civilandcriminaladvocate@gmail.com) 16 July 2015

Its good to fight, but not always. If you want to continue conjugal life then restrain her and you from any further proceedings. Else file mutual divorce and get relieved within a year. I am quite sure you will have no tough situation in you life further regarding this issue. From your version statement i feel you are seeing too much of future in the law which we advocates are not even been able to predict. There many a slips between the cup and a lip. Beware.