Why not divorce when 498a is on ?

Filing divorce will not affect your 498A.

But the think is you may not get divorce since to get divorce you need to prove -

Adultery / Cruelty / Desertion / Failure of RCR / - - - - - etc out of anyone properly. (Please see Sec 13 of HMA for details)

These are very hard to prove in the court.

Secondly, If you file divorce during 498A trial then the judge will be more sympathetically see your wife and may order very huge maintenance U/S 24 HMA and 25 HMA. If you don't pay this maintenance the case will be in suspended stage. Also there will be risk of DV.

Please file speedy trial and get 498A dispose of first.

Then you can easily prove Cruelty and Desertion and get divorce.

Please see my post in the following link: -

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103100&offset=3#.U49QYHbYVdg

There are loads of advises which you would get, which does not have any legal basis, the only basis is thaat the writer so believes.

The rationale behind not filing Divorce till 498a is over, is that people think that once your divorce is through, the lady won't ever appear in 498a for evidence.

Another lame reason that I have heard is that unless 498a is proven false, the courts won't grant divorce.

Yet another, it take 5 years to get divorce.

I don't subscribe to any of these reasons, I am of the opinion that if you are sure that you can not live with that particular lady anymore, you should file for divorce.

Most of the time both parties actually want separation but always wait for the other party to initiate the proceedings.  

Whether to file divorce or not should be adjudged by you and as per your own conviction and merits of the case.

Regards,

Thank you Shonee and Shatyaprakash for your advice. I was only concerned that it will affect the trial and if it's not then it's no problem.I dont mind if the case drags because she cant prove and I dont need to travel far to attend the court as we both live in same city.

I believe, again I believe that I wont end up paying huge maintenance because we were married only a year ago and lived together only for 6 months and no kid. She is also earning same salary as mine but she is demanding Rs.50 lakh from my father property.

I was just worried about my trial.

Thanks again.

But still it is advisable to go for speedy trial for 498A and file 205 crpc for exemption of personal appearance. Because if 498A is off then you will be free bird. isn't it? Also she needs to attain every day else the judge will make warrant.

Indian judges have biased view on women. They might believe that women are precious things. Keep in mind that even you give valid proof of her income still they might award maintenance and litigation cost.

It is also advisable that until you get divorce you can make live-in relationship with any good unmarried woman.

Your wife have no right to claim your parent's property because your parents are not liable to maintain her.

I always advise that a person attends all dates in their case and not file exemption, as long as they can attend.

Mr. Kapoor,

Could you please explain why so?

For better control and grip on things. The biggest complaint we hear is that "lawyer is in toe with the other party" and we had not attended the date, so we don't know what transpired.

When you are there, you know what transpired, and hence less complaints. Also, if your lawyer needs any instructions, that is there. It also cuts down on sordid stories which can be told in your absence.

As long as it is not very difficult to attend any court hearing, one should attend. Afterall it is a matter on which you life and liberty hinges on. Why take it lightly.

Regards,

I agree with the views of learned Mr. Shoney Kapoor on the subject issue. He has opined and advised more than sufficiently leaving nothing more to add. Thus the author can very safely sail with his divorce case against her simultaneously, and follow it up scrupulously.

Yes understood.

I am just advising that only the earning member should take exemption else how he can concentrate on his job?

Also senior most members should take exemption for their health condition.

Rest of the people should come everyday.

1. There is no reason for not filing Divorce suit when 498A application is pending,

2. File divorce suit and monitor/attend to it  very carefully till the cases reach their logical and judicial ends.