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Filing for Divorce while running 498a trial.


16-Aug-2026 (In Divorce Law)
Hi, Can I file for divorce when the trial is about to commence for 498a case filed on me and my family? What should be the best time to file for Divorce? Should I wait for the trial to end, or quashing to end? Please guide me on this.
Answers (5)

Answer #1
675 votes
Yes, you can file for divorce. Divorce proceedings and criminal proceedings are separate. If there has been cruelty, harassment, desertion, or other grounds, a divorce petition can be filed now you're not required to wait until the criminal proceedings are concluded
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Advocate Areeb Ansari

Adv. Areeb Ansari

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Answer #2
931 votes
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Advocate Vibha Narendra Mishrikotkar

Adv. Vibha Narendra Mishrikotkar

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Answer #3
872 votes
for the divorce petition you have reasonable grounds and reason, period from reside separately, mere lodge report against you and your family members is not sufficient better way discuss lawyer with all facts of your marriage life with your wife and take necessary steps...
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Advocate Rajesh Ramprasad Jaiswal

Adv. Rajesh Ramprasad Jaiswal

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Answer #4
530 votes
you can file divorce petition at any time but if 498A proceedings are about to initiate then you should file one more petition, however it totally depends upon your facts of the case. I will suggest you approach an advocate and if you are from Mumbai, I can assist you well.
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Advocate Sandip Bind

Adv. Sandip Bind

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Answer #5
534 votes
You can file for Divorce anytime if you have a valid ground for it. Expect the wife to file for maintenance right away. Also, she might file a DV case against you and the family. You can also look at prelitigation mediation settlement if you think divorce is possible through mediation. Thst way you avoid a prolonged divorce case in court.
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Advocate Subhedar Amar Ali

Adv. Subhedar Amar Ali

LawRatoMumbai | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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