Bharat kasera (N.A.) 02 February 2015

498a, 125 and divorce simultaneously

Dear Sir, There is a false case of 498a & 125 registered against me. Lower court ordered me to pay interim maintenance of Rs.2500 per month with arrear of last two years. Now I have approached high court to quash 498a and also to cancel her interim maintenance due to adultery ( I have her call recordings in which she is proposing to the person and saying that she also wants to live with him. She also applied for divorce on ground of dowry demanded rs10 lacs. Now my questions are: 1. Can I get divorce from the girl when I have applied for cancellation of 125 interim maintenance & quashing of 498a. 2. Also can I still fight 498a and maintenance even if I agree for divorce. 3. Please guide me how can I take legal action against my wife if high court quashes 498a. It’s a humble request you to guide me in above three points on priority.

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 February 2015

Dear Querist

My opinion on your queries are as under:

1. Can I get divorce from the girl when I have applied for cancellation of 125 interim maintenance & quashing of 498a.

Opinion: It is matter of facts and circumstances without knowing the facts we are not advise you.

2. Also can I still fight 498a and maintenance even if I agree for divorce.

Opinion; If both the parties are ready for divorce then execute a compromise deed/MOU and file MCD u/s 13B of HMA. with the conditions that all cases will be withdrawn by the parties.

3. Please guide me how can I take legal action against my wife if high court quashes 498a. It’s a humble request you to guide me in above three points on priority.

Opinion: If HC quashed the FIR on merit then you may file a criminal case against her for malicious prosecution and defamation.

you may also civil suit for defamation and claim the damages based on your reputation.

Feel free to Call

T. Kalaiselvan, Advocate (Advocate) 04 February 2015

You can proceed with the quash case, all other cases simultaneously, this will in no way going to hamper the divorce case. You be in touch with your lawyer for all further issues.