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DB   13 June 2022

Divorce case during 498A.

Wife filled 498A 6 yrs back. Giving maintenance as verdict of 125c from day 1. Not interim order. Now wife filed 127 for enhancement of maintenance. No contact with husband for last 6yrs. Husband tried to get back her in all ways even by sending legal request. But wife refused to return. Now husband wants to file divorce case . But due to 498a pending and mutual divorce is denied by her, is it to be suitable for husband to file divorce now or better to wait for 498a completion? If filed now, will divorce case effect on 498a ?Advance thanks for advice.


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 1 Replies

Sravika Reddy Kohir   14 June 2022

 Hello Querist, I acknowledge your question. It is not advisable to go for divorce at this moment while there is a criminal case of 498a upon you, the best way to go ahead is first file for an anticipatory bail for the same. And if further, is it proved that the allegations were false then you can go ahead file a divorce under the ground for cruelty.

I hope your question is answered.

Have a good day.

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