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Does quash petition for 498a in hc needs stay order first?

Page no : 2

vict498a   01 October 2015

Originally posted by : AS


It is incorrrect to say that your lawyer has not guided properly.

 No harm in getting stay order .(But requesting for stay order is not must) , infact it is good.



how a stay order is "good" deays the whole process ..then why you saying stay is good ? could you please let me know..

1 Like

Rocky Smith (Instructor @ Calcutta (     01 October 2015

@ Quest,


Please appear in-person for the next hearing.

Please mention your 2nd prayer of speedy trial verbally if quashing is not granted.

It will be disposed of within 2-3 weeks max.

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vict498a   17 October 2015

Thank you rocky sir ...could you please let me know what is the right time to file  divorce petition while fighting for 498a? is it good to filght both divorce and 498a simultaneouly or should i wait? 

Also, divorce is granted in UK 1 year ago as we both stay in abroad  . 

498a case is filed in India and yet to file divorce petition in India.

thank you



Originally posted by : Rocky Smith
@ Quest,


Please appear in-person for the next hearing.

Please mention your 2nd prayer of speedy trial verbally if quashing is not granted.

It will be disposed of within 2-3 weeks max.


Rocky Smith (Instructor @ Calcutta (     20 October 2015

My personal opinior is,


Marriage is a crime in India for men. Neither do mariage nor file divorce, RCR or anything related to HMA or SMA. 


I have suggested live-in-relationship in my profile links. Please see and plan.



If you file divorce you have to pay for maintenance pendent lite and case will be stayed. Why to pay these corrupted people? If still you wish to file then file it after 498A dispose of to get the divorce grounds (Cruelty & Dissertation).




Divorce Rate in India

Acknowledging India’s respect for its culture and social ethics, one can guess that India enjoys a low divorce rate. But it is more surprising to know that the divorce rate in India ranks lowest among all the countries of the world. Statistics shows that only 1 out of 100 Indian marriages end up to a divorce which is quite low in comparison to America’s 50% of marriages turning into breakups. The rate of divorce in India was even low in the previous decade, where only 7.40 marriages out of 1,000 marriages were annulled. The divorce rate in Indian villages is even lower in caparison to urban India. 

The following figures will help you to get an idea about the divorce rate in India with respect to global divorce rate.

  • Sweden – 54.9%
  • United States – 54.8%
  • Russia – 43.3%
  • United Kingdom – 42.6
  • Germany – 39.4%
  • Israel – 14.8%
  • Singapore – 17.2%
  • Japan – 1.9%
  • Srilanka – 1.5%
  • India – 1.1%

Even though India still boasts of that nearly hundred percent of the marriages are a success, rapid urbanization and awareness of various rights are now instigating the divorce rate to shoot up. Empowerment of women has initiated the dissolution of marriage in urban areas as financially educated women are now open to the option of ending the relationship rather than to bear life long abuses silently. The campaigns on gender equality are now giving rise to ego clashes between the husband and wife, especially if the wife too is the bread earner of the family. 

A survey states that over the past four years the divorce rate in Delhi, the capital city of India has almost doubled and is projected to be 12000 by the year 2008. In 2006, Bangalore, the IT hub of India it was recorded that 1,246 cases of divorce were filed in the court that pertain to the IT sector exclusively. It has been estimated Mumbai has shot up to 4,138 in 2007 while cities that are acknowledged for their cultural richness and social values like Kolkata and Chennai, are no less behind. Agro based states like Punjab and Haryana are now seeing an increase of 150% of divorce rate since the last decade. Kerala, known to be the most literate state has experienced an increase of divorce rate by 350% in the last 10 years. 

Around 20 years back India had a negligible divorce rate of around 5%. But based on the increasing number of divorce being filed today, the divorce rate in India is expected to rise up at a faster rate by the ensuing year.

Rocky Smith (Instructor @ Calcutta (     21 October 2015

Mr. Sainath Devella,


How many divorce / 498A cases arrive at proper judgement?


Where over 32 milion cases are pending across the country?


As per view of the court - second wife/partner is a common practice in Indian society.

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"As per view of the court - second wife/partner is a common practice in Indian society."

I disagree with the above sentence.This is a religious and a traditional land wherein we still respect marriages performed traditionally(barring an unfortunate few)

Rocky Smith (Instructor @ Calcutta (     21 October 2015

We respect our religious rites, traditions and cultures and we are proud to be an Indian; despite of this we don’t respect the biasedness and corruption in legal system.


That is the reason my advices contradicts with tradition advices. 

Rocky Smith (Instructor @ Calcutta (     23 February 2016


Please see my blog on this below : -

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