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raj (developer)     31 March 2014

Exparte divorce - 498a

Hi All, 


My wife filed for divorce while 498A and MC cases are pending. I've received the Divorce summons and didn't attend the 1st hearing due to health issues. Planning to attend and file the counter in next hearing. My lawyer was saying if I don't attend the hearing, magistrate might give exparte order and it might impact my 498A. Same allegations from 498A was mentioned in the divorce petition and requested divorce based on cruelty and dissertation. What would be the best option whether to get exparte divorce or respond with counter by denying the allegations and agree for divorce? Experts please advise.



 6 Replies

Gautam Kapoor (IT professional Studying Law)     31 March 2014

@Raj - was 498,maintenance filed before divorce.

Adv Archana Deshmukh (Practicing Advocate)     31 March 2014

It will be better to appear and deny the allegations of cruelty and agree for MCD. Do not let the divorce petition go exparte when 498A case is pending.

1 Like

raj (developer)     31 March 2014

Thanks for the suggestion Archana Ji.

Gautam, 498 and maintenance were filed before Divorce. Both were in trail stage. 


Gautam Kapoor (IT professional Studying Law)     01 April 2014

As advised by Archana ji - never  let the divorce petition go exparte when 498A case is pending/looming.Sends a wrong message to the judge.

Point to note if the same allegations/reliefs demanded are the same .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 April 2014

You should file the Counter.


The cases must be fought on merits, in connected matters, the ex-parte orders can hit you hard.



Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

raj (developer)     05 April 2014

Thanks Shonee ji.

My lawyer suggesting me to file RCR and then link with the divorce and maintenance cases. I was thinking since divorce has already been filed, at this moment filing RCR is not that useful.

Any suggestions...


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