help_divorce (SC) 29 July 2011

Stay order on divorce/rcr case

wife filed for divorce under 13(ia) a year ago. Later I had filed for RCR. Now after a year she has filed a 498a case. The allegations in 498a case have never been mentioned in the 13(ia) case.

Can I apply for a stay order on the divorce/RCR case currently in progress in the family court, so that the 498a case is addressed/first?

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7 Replies

jeewan (self emp) 29 July 2011

These are two separate issues , they will go hand in hand , in a single case , Many issues can be added these are the tacts a lawyer uses in order to delay cases , thouh the allegations put may not hold any significance but you ned to prove the same . Thats what our law is all about .intact my question is after having seeing so much why r u trying to get a stay order on divorce , u still WANs stay with her , so that she can put u behind bars .I AM NOT A LAWYER

(Guest)

498A AFTER DIVORCE FILED MEANINGLESS... BETTER DIVORCE TO SOLVE TIME AND MONEY

Krish Narayan (Advocate) 16 October 2011

After divorce petition, 498A is an after thought, that too with fresh allegations. If you contest the case, you will win.

There is no bar for filing anything. But work out amicable solution, if possible. If not, start legal battle. Then the wife will come for a settlement.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 16 October 2011

YOU CAN MOVE TO THE HIGH COURT FOR SPEEDY TRIAL IN 498A ALONGWITH YOU CAN CHALLENGE THE PROCEEDINGS OF 498A BEFORE HIGH COURT BUT IT CAN BE DONE ONLY WHEN YOU HAVE A GOOD LAWYER.

Kaatu Poochi (Kaatu Poochi&Co) 05 June 2014

You don't worry. Both can not work together you can stay the 498A/DVA contact a good lawyers in your place.I am also facing the same issue. Want you any help contact me.