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Bharat kasera (N.A.)     06 September 2015

Remarraige after divorce but 498a is still there

Dear Sir,

Please guide me I have got divorce from my wife as a decision due to ex party in which court not ordered me to pay anything more than the interim in 125 monthly till she gets married.

 

Now I want to remarry and start my life again but still 498a is there in trail court and even after 3 years charges not decided. Right now me and my parents are accused in this case.

Now my parents are not supporting me in getting remarried they are affraid of 498a and wants me to wait till entire issue is not resolved. Is there any issue in getting remarried before 498a issue is resolved please guide me so that I can clear the situation to my parents and also which helps me to save my future. if it is not going to do any legal problem for me and my family then i will start my life happily and I have all the proofs to prove false 498a.



Learning

 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     06 September 2015

Sir,

 

I feel when you got an ex-parte divorce decree, that means if she has a genuie allegations she would have definately come to the court and opposed the trail Right.

I feel you should see what's her allegations on record which she can prove in the court of law Right.

If you feel these are vague and immaterial allegations, better is to go ahead and get remarried, because there is no bar to it.

But ensure that she should not move an application for setting aside the ex-parte decree or file an appeal .

 

Warm Regards

Kapil Chandna Advocate

9899011450

Bharat kasera (N.A.)     06 September 2015

Dear Sir,

Thanks for your valuable replies.... Actually I had not appeared before court from last few dates so court gave ex party decision. She applied for divorce with a allegation that we beaten her up and demanded dowry so she wants divorce from me. My 498a is still there but charges not yet decided will this ex party decision will harm my 498a?? also on other side i am trying for settlement of the case so that all issues can be closed forever. Is losing divorce and getting exparty will have any draw back in my 498a??? Kindly revert

harrassed   06 September 2015

Hi Bharat,

I'm not an advocate, but try to understand few laws because I'm in the need of it to seek justice for my cases.

As experts mentioned already, please do not worry about the 498A case. Wait for the appeal period and proceed with your marriage. Of course, do appear fot eh 498A hearings and try to showcase the merits in your favour. Remember that, there are only 2% conviction rate across India  on 498A cases as the women would have been motivated by near and dears to harrass you.

Wish you good luck!!! 

saravanan s (legal advisor)     06 September 2015

498a is a independent case.the divorce decree wont have any bearing on it.so dont worry and fight 498a on merits

Jothish Kumar (Consultant)     07 September 2015

But the problem is that he accepted her allegations of Physical harassment by avoiding his presents in the court and/or not contested the case on merit. So she got an ex-partee decree on divorce (She filed the divorce with the ground of cruelty including physical abuse) in her favour.May it will affect the 498A, if charge sheet also included this averment.

There is no bar for remarry but the 498A may affect badly because you not considered her  allegations  in the divorce case and its relation to other cases seriously.

 

Ravi (Consultant)     29 May 2016

dont do same mistake again;

why u want to buy cow, when you get fresh milk everyday from different cows.

2nd marriage hardly survive, and she has ample chance to refer to your earlier failed marriage saying, you took dowry and harassing her bla bla.

think again

You should read this mynation.net/abio/if-i/


(Guest)
  1. I am surprised that you want marriage again after facing all this.
  2. If she won ex parte divorce, she has proven her allegations against you. This makes her 498a case stronger because family court has accepted the allegations as true.
  3. There is no legal problem with remarriage, but my honest opinion is avoid marrying Indian women given broken legal process. Live in and casual relationships are much better. Women have more incentive to build proper bond in such relationships. With marriage, women feel like they can do anything because of overprotective laws. They usually abuse this and try to create a relationship built on oppression rather than honest partnership.
  4. Rest is your choice

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