267+ Lawyers are online 
on contested divorce, does pending 498a create any impact
12-Dec-2025 (In Divorce Law)
husband filed contested divorce on ground of physical cruelty and mental cruelty, social defamation . in which two criminal case are pending against the wife and 498a is pending against the husband.
wife did not exhibit any evidence and husband exhibited more than 20 evidence.... does family court judge mention in judgement about the pending criminal cases. does judge make opinion about the cruelty on the basic of MLC
Family Court decides cruelty only on the evidence in the divorce case. Pending criminal cases have no bearing except as background facts. MLC alone is not proof unless supported by testimony. If the husband led evidence and the wife didn’t, the court can draw adverse inference and decide accordingly.
Helpful?
Adv. Adarsh Kumar
Delhi | 400+ Answers
CONTACT NOW
The judge is hearing almost 50-60 cases on a daily basis and many of them are like your case in one or the other way so they somewhere knows what is the real issue , situations are . As far as the evidences are compared it cannot be said a 20- 0 match because after all its not football or basketball but yes if in those 20 of your evidence even 1 holds relevancy the case will go in your favor . Since you haven't mentioned the nature of evidences I request you to call and get better advise that can help in your case.
Helpful?
Adv. Anshul Dutt
Delhi | 25+ Answers
CONTACT NOW
Family Court cannot give findings on guilt or innocence in those criminal cases, as that is the exclusive domain of the criminal court.
If the husband has produceb MLC, the court can rely upon it to form an opinion on physical cruelty, especially when it is supported by testimony and remains unrebutted.
Helpful?
Adv. Vishali Verma
Delhi | 25+ Answers
CONTACT NOW
If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
Helpful?
Adv. Jitender Singh
Delhi | 1000+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
