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Can private 498a can be quashed after getting exparte divorce

Hi Sir/Madam,

Recently, I got exparte divorce decree as my wife did not attended the court adjournments.

Now, I am going to applly for quashing of 498a case in high court.

Since there was no settlement/compromise between parties. So, can i get my 498a quash based on exparte divorce decree.

Kindly reply.

Regards,

Prakash

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Quick Summary

This discussion explores the possibility of quashing a 498a case following an ex parte divorce decree. The original poster obtained an ex parte divorce because their wife failed to attend court adjournments and is now seeking to have the 498a case quashed. Advice suggests that quashing may be possible if the complainant does not object, though other responses recommend proceeding with the trial if grounds exist or suggest a complex property transfer strategy.

2 Replies

Advocate Rajamahendra Varma P (Advocate and GST Practitioner) 22 September 2022

yes if she do not file objection for your quash application

Sreejith S 27 September 2022

for getting it quashed the complainant should appear through advocate and should file supporting counter
Just stay calm and proceed with trail if you have sufficient grounds and be prepared to defend the case for Maintainance
if you have some property and to wanna avoid it from attachment, to get this done buy a 200rs stamp paper in the name of any your friends who is trustworthy and if your wife file a case for Maintainance as well as returning her belongings then this stamp paper can be used for transferring the ownership of Property its a tricky way u might to get what i actually mean here. but for sure in future this 200rs stamp paper will help you to get transfer the property by filing a suit for specific performance so that you and your friend can file a joint statment and decree the suit in a period of approx 6 months.
Regards
Adv. Sreejith Mannadiar
pH. 7019247787
e-mail- adv.sreejithmannadiar@gmail.com