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satnam singh (job less)     22 August 2010

can we file divorce while running 498a

i had first put section 9 HMA and then sec 13 divorce then this also withdraw now she filed 498a, 406,120b. 

 

1) should i go for 13  or 9. 

2)if i go for 13 then new application must file or reopen previous case

3) can above both case relief me in 498a

 

 

thankx



Learning

 10 Replies


(Guest)

498A FILED OR NOT?  If not file a divorce immediately, it will nullify lethalness of 498a by 80%

Adv Archana Deshmukh (Practicing Advocate)     22 August 2010

1) If you want your wife back then, go for an RCR u/s. 9. If you want a divorce then go u/s. 13 HMA.

2) If you want divorce then, you'll have to file a fresh petition.

3)RCR, divorce and S.498A are all different and won't give you any relief in S.498A proceeding. You better contest the case properly.

Arup (UNEMPLOYED)     22 August 2010

you can do.

divorce and 498a completely seperate matter.

if you already withdraw, sec 9  & 13, then you have to file a fresh petition.

can above both case relief me in 498a - not presently, but in future you will get benifit from it.

why you withdraw the case? under her influence?

It is importent here that whether the case withdrawn by you, or dismissed by the court?


(Guest)

filing Divorce infrences what she is alleged to have said in 498a, always better to file divorce post acquatal in 498a, why in a hurry for some court papers, the day she left you got divorce now save your property from 498a first  

Arvind Singh Chauhan (advocate)     22 August 2010

I think Arun Sir's view is better.
 

adv. rajeev ( rajoo ) (practicing advocate)     22 August 2010

Better to file divorce petition immediately.

satnam singh (job less)     23 August 2010

can my previous 13 HMA help me in 498a  I give application to judge that she came back now i want to withdraw case.

Arup (UNEMPLOYED)     23 August 2010

after acquatal in 498a, you may add it as a new ground in your old case or file a new case with this ground.

Arup (UNEMPLOYED)     23 August 2010

yes you take it in arguement that - first she withdraw by drama and thereafter come with  false 498a case.

sai (housewife)     23 July 2013

Dear husbands if wives have filed 498,dont take it merely as divorce reason.There are many chances to get reconciled.Better go for it.

Life is short why you like run around courts,making your old age parents run behind courts along with you for your mistake.

Go for reconciliation if at all there are chances.


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