Civil Procedure Code (CPC)

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Srinivas (.)     11 March 2017


Sir, wife filed 498a case on me and my family and later released on bail. After that wife filed for Divorce in family court under cruelty u/s.13 (ia) (ib).  We filed counter in family court for Divorce saying “No Objection for Divorce only by denying all allegations”.  Yesterday Wife attended in family court and given her evidence for Divorce. In court website mentioned:

Exhibits  : EXA1,A2,A3,A4 and A5 (Me and family members in 498a case.

Business : Pw1 present.EXA1 to A5 marked. Respondent called absent.NO representation from respondent side.Pw1 evidence closed.No further evidence reported.For respondent evidence if any 25.05.2017.

  1. Please advise in case If I don’t attend on 25.05.2017 in court whether court will give Ex-partee divorce to wife If so is there any impact will be in 498a case please advise.
  2. Please advise is there any impact will be there in 498a.
  3. Please advise how to proceed with this.

Thanks for your  time

 7 Replies


Dear Querist,


Why are you so scared?  If you have a advocate representing you in court, then no need to go to court on next date.  Exparte divorce wont be granted this easily.  Court will wait 1-2 years before granting exparte orders, that too if your advocate presses for it, otherwise exparte divorce orders are out of range as of now.

adv.bharat @ PUNE (Lawyer)     11 March 2017

You can present for hearing only when you got summon from the court along with advocate.


Dear Srinivas,


What you need to understand is, what happens with divorce case has no bearing on the 498a case.  If there is solid evidence that you took dowry, then no one can save you.  Thankfully for dowry takers, court gives opportunity to go for settlement, so it is for you to decide whether you want to settle the matter or not, by way of paying her money so that she takes back the 498a case.  You have not filed counter 498a, that itself shows that you have taken dowry.  If you have taken dowry (even taking 10000 rs from wife or her father amounts to dowry, just giving you eg) just go for settlement.  I remember you talking to me many a time 2 years back.  Till now you did not settle your case and still sitting scared?  IF you taken dowry, nothing big will happen if you dont settle matter, you and co-accused will do 7 years in jail, thats all.  When you have courage to take dowry, which is an offence according to Indian Penal Code, you should have courage also to take punishment in your stride?

1 Like

Srinivas (.)     12 March 2017

Sir, Settelment made by elders and money also deposited in Joint account (Joint account holders are One elder from our side and other elder wife side and operations kept as Jointly in Bank ) but Opposite party asking money before settelment but we are telling after settlement we give money and same we informed  and  mentioned in the Divorce counter petition . But Opposite laweyer and wife given 498a case as evidence (me A1 and My family members A2,A3,A4,A5) in Divorce case on 06.03.2017. In court website status is showing as " RES/DEF EVIDENCE".

1) Please advise is there any impact in 498a case if me and my advocate if not attend in next hearing?

2) Please advise if me and my advocate, if not attend in next hearing? wheather court will give expartee divorce to wife?

3) In case court issues expartee orders to wife within how many days again we can re-open?

4) Please advise wheather they clubbed 498a case to Divorce.

Thanks for your time. 


Why helping u so scared people.under 498a Max punishment is 3 don't give misadvise I think u r not lawyer.

Why helping hand u so scared people.under 498a Max punishment is 3 don't give misadvise I think u r not lawyer.

Originally posted by : sr
Why helping hand u so scared people.under 498a Max punishment is 3 don't give misadvise I think u r not lawyer.

Arseholes like you will be scared coz you took dowry and married. laugh BTW I was not referring to you. Moral support is something else which idiots like you wont understand.  Anyway advise is for those who marry without taking dowry!  If you taken dowry you will go to jail for sure.  I still have belief in our legal system.  For your information, I am a Lawyer with special expertise in matrimonial disputes for past 17 years and I practice in Bangalore.

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