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rajiv saxena (executive)     11 October 2011

Prolong 498a


i want to know that prolonging 498a trial is benificial for whom either for husband or wife, case details is below

divorce case was filed before the 498a  ( Police complain FIR)

mother,brother and his wife got the anticipatory bail from the sessions court

but to avoid the attachment of property after proclamnation husband has surrenderd and got the regular bail after 50 days of custody from the high court in the judgement high court has said petitioner is ready to pay 2500/- Rs per month directly in the bank account of respondent, The aforesaid payment will be subject to any order passed in maintenancd proceddings or divorce case let the petitioner be release on bail. failure of the aforesaid payment will give liberty to the informant to file an application for the cancellation of bail.

one more thing that wife is not apearing in the divorce case  and she has not received any notice by post, by court messenger, publication of notice in the news paper has been done, and now it is in the ex party order and now she wants reunion which is unacceptable for the husband and she is threatning that after ex party order she will revoke the order and prolong the case for several years so the husband will not be able to remarry.

one more thing this case belongs to bihar, and the brother and his wife( who is a maharashtrian lady) is residing in Maharashtra who came to bihar just to attend the marriage of his brother and left the Bihar just after two days of marriage because both of them are doing job in Bombay. Boys lawyer is saying that you just take the decree of divorce and prolong the 498a trial because every accused will be convicted. Boy family is so scared because 498a creatures are demanding very huge amount for the settlement. which husband and his family can't  afford    Please suggest the remedies 


 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2011

Let him proceed with the case.  Nothing to worry about the 498A, it is legal terriorism.  Good Cross examination is necessary in criminal case.  Wife cannot drag the mattrer according to her will and wish.


counter 498a with similar harassment cases against the party... eye for an eye... delay only benefits lawyers... cant help system is in mess...

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 October 2011

Yes counter cases is best strategy but expert advocate is needed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 October 2011

Dear Mr. Saxena,


A lawyer who is sure that you would be convicted, is either not interested in fighting your case or is not a good lawyer.


Why not fight the case on merits.




Shonee Kapoor


ajay sethi (lawyer)     11 October 2011


if notice has been given in newspapers and yet she dosent appear then court maya ward you divorce . but she cna always make application to set aside decree .

divorce by mutual consent is best . if your wife contests divorce it may take years for diovrce to be awarded by courts .

as fara s 498 A case is concerned i agree with experts that you have to fight it tooth and nail .

Rohit Shukla (Engineer)     11 October 2011

@ Rajeev Sir,

  1. Remove the demotivator first, Change your lawyer. Is he guiding or threatening you?
  2. Make a bold face even if you shiver inside. See your plight is her strength and vice versa :) So play it intelligently and most importantly with attitude, mind games brother :)
  3. When they say they will not let you marry, whisper gently into their ear that "even I am not in hurry as I am enjoying my conjugal needs without any marital liability now :) Infact I am enjoying it more now" Smile and walk away singing "Main Zindagi kaa Saath Nibhata Chala Gaya .... Har fikr ko Dhuein main udaata chala gaya"
  4. If Madam is not appearing, then you take the ex-parte and vanish from the scene, change your address and give a small notification stating your change of address in the any of the most non-readable newspaper

Aagey aapke Lawyer ko bhi kuchh Strategy aani chahiye....ask him?


Rohit Shukla

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