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Applying for Divorce while 498 case running


26-Aug-2025 (In Divorce Law)
Respected Sir/Mam, How to get divorce or can we apply for divorce if 498 case is running. Will court give divorce for husband if wife is not accepting for divorce.
Answers (5)

Answer #1
835 votes
Yes , even if a 498 A case is pending , the husband can file for divorce separately before the Family Court . The outcome of 498 A does not bar divorce proceedings . If the wife does not consent , the husband may seek divorce on contested grounds such as cruelty , desertion or intervable breakdown of marriage . The Court will consider evidence and circumstances may grant divorce even without wife's consent if sufficient Grounds are Proved.
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Advocate Pavani Kumari

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Answer #2
510 votes
hi yes you could apply for divorce in court even if she files for 498A and that the court will given judgment based on the facts and the evidence leading for filing the facts of the case and also the evidence
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Advocate Baddam Aravind Reddy

Adv. Baddam Aravind Reddy

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Answer #3
705 votes
yes you can proceed with filling divorce case. the 498 case is has nothing to do with the divorce case. first confirm me is it 498 or 498a one is adultery, another is related to domestic violence no the court won't grant divorce if the wife rejects but there are exemptions for adultery, but proving adultery is a crucial and critical thing
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Advocate Billa Gowtham Raju

Adv. Billa Gowtham Raju

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Answer #4
761 votes
Yes you can apply Divorce even if your 498a case is running , if she accepts fir divorce then it will be mutual divorce or else it will be contested divorce, based on proofs divorce is initiated by Judge, approach us we will help u
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Advocate Rajkiran Govindcar

Adv. Rajkiran Govindcar

LawRatoHyderabad | 700+ Answers
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Answer #5
941 votes
Yes, you can apply for divorce even if a 498A IPC case is pending. Both proceedings are independent, though facts may overlap. If the wife is not consenting, you have to file a contested divorce petition under grounds like cruelty, desertion, or irretrievable breakdown. The Family Court will decide based on merits and evidence. However, divorce will not be granted automatically just because 498A is pending; the husband must prove grounds for divorce. Mutual consent divorce requires wife’s agreement, otherwise only a contested divorce is possible. Therefore, the Court can grant divorce to the husband even without the wife's consent, provided valid grounds are established.
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Advocate Sujith Kuchipudi

Adv. Sujith Kuchipudi

LawRatoRajahmundry | 50+ Answers
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