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pradeep (self)     05 November 2014

Is divorce is automatic, after acquittal in 498a & 307 case

Dear Sir/ Madam,

I & my family members got acquittal in 498a 307 cases, the ex filed appeal and it is pending since 1 year.Even grounds of appeal has not been argued as the judge is retired and no replacement made.The Ex is trying to come back and I am not willing at any cost.

After getting certified copy i filed divorce on basis of mental cruelty (False case) & guardian petitions at the last place of residence. As usual they filed transfer petitions at District Court which are dismissed and appealed the same in High court. The high court shifted them to a neutral place and directed the court to complete the cases within 6 months.

My Advocate who originally filed the petitions is advising that, filing certified copy of acquittal in criminal case is not enough for the proof of mental cruelty as the appeal against 498a & 307 is pending. Judgments in criminal cases are not binding in civil suits and it is mandatory for me to place all defense witness who are attended in 498a case must also attend in  divorce case also.

However, my new advocate at the transferred place is saying that above opinion of earlier advocate is not correct. He is also adding that there is no guarantee for me to get Divorcee even though I am having acquittal judgment.

Please give your valuable suggestions in this regard. 



 7 Replies

sandykrish (Interested in Family LAW)     05 November 2014

Contest the divorce case based on merits, both of your advocates are wrong. The orders will definitely assist you to face the trial and divorce case would take 2-3 years to sort out. Most of the lawyers would suggest for mutual Consent divorce but after going through such pain dont make life easy for wife, I would suggest you to find a good lawyers and attend all the cases and allow your lawyer only at evidence and cross stage by this way thw opponents will also loose out on trading other lawyer, this is what it is happening now a days. When you're hell bent your wife side will approach for MCD.
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

Your first advocate was right. Even the second advocate is saying the same thing in another words, that the result can not be guaranteed.

 

If the merits of the case is mere acquitall in 498a and 307, I must say, it is a weak case. 

 

Regards,
1 Like

Adv. Chandrasekhar (Advocate)     05 November 2014

1.  Your first advocate is absolutely correct.

2.  You have to prove the allegtions, more particularly the ground of "cruelty" independently by bringing all the witnesses who support such version, including the defence witnesses you produced in S. 498-A case.  Further, it is important to file the certified copy of the Section 498-A judgment, if it had acquitted you honourably instead of giving 'benefit of doubt'.

3.  More chances, you get divorce decree.

1 Like

Adv k . mahesh (advocate)     05 November 2014

yes the criminal court judgements are not binding in suits and your previous lawyer is correct as you have to produce all the witness in the divorce case to prove your mental cruelty 

with both the witness if can give the evidence in support of you then you will get 

1 Like

Pradeep Kumar (Lawyer)     05 November 2014

Dear Sir,

Your Question should be left to the wisdom of the court.Trial court has acquitted you against the charges of cruelty (498A)made by your wife in criminal case.After that you have filed a divorce case probably stating that filing of false cases leads to mental cruelty under section 13 of HMA. In my considered opinion court should take a presumption in favour of husband if he comes out acquitted in a criminal case. As you have stated that appeal is pending against the acquittal so as divorce petition is also pending before the family court. If you come out acquitted till Supreme Court probably the family court will take a presumption in your favour and will grant you divorce on the basis that cruelty has been committed against you by your wife by filing false cases of 498 A.

Adv.Pradeep +919871765000 Gurgaon.

1 Like

vishak (manager)     06 November 2014

find enclosed judgement, may help u


Attached File : 316686286 false 498a devorce granted.pdf downloaded: 453 times
2 Like

ABHI_POST_DIVORCE-498A (ADMINISTRATIVE OFFICER)     16 May 2016

Please find this judgement in which merely aquittal in 498a is sufficient for divorce. It has also been directed by Hon'ble High Court to trial court(s) that the meaning of aquittal in 498a has to be treated in correct manner and not in a negative manner because facing criminal proceedings is itself meant going through various stages of cruelty.


Attached File : 295245 20160516222849 97776697 ruling aquittal resulting divorce.pdf downloaded: 325 times

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