498A_Victim (service) 09 June 2015

Application in 20(3) of constitution to stop divorce process

Hi All.

I am facing case in 498A from Feb 2013, which is on stay from Allahabad HC from Nov 2014 till now.

In Jan 2015, 498a lady has filed Divorce under Hindu Marriage Act, which is due on July 2nd 2015.

I need your advise on whether should I file application under Article 20(3) of constitution to have stay on divorce proceedings (civil case) untill complainant (i.e. 498a lady) submits her evidences in criminal case i.e. 498A as the allegation are same in both application.

If so, please share details on chances of getting it success and reference to citation if any.

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2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 10 June 2015

Dear Querist,

U are posting different queries and in each one of them U are either the complainant or the respondent,clarify

498A_Victim (service) 11 June 2015

Hi Sainath,

I am accused husband in 498A as in above case and petetioner in case under CrPC482 for Quash of 498A FIR, which is on stay from Allahabad HC.

Now wife has filed divorce case on me and I am respondant where written objection need to be filed on coming July.

I need advise on whether should I file application under Article 20(3) of constitution to have stay on divorce proceedings (civil case) untill complainant (i.e. wife) submits her evidences in criminal case i.e. 498A as the allegation are same in both application.