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UK Divorce vs 498A in India - will 498a continue after UK Divorce


15-Jun-2024 (In Divorce Law)
Hi, I have filed divorce in Uk And my wife has filed 498a and DV in India. I will get UK divorce in 6 months. What will happen to 498A in India, will it continue or will it get dissolve later because we got divorce in UK? Will Indian court accept UK divorce and close 498a and DV?
Answers (5)

Answer #1
828 votes
The DV can only be closed after your wife dissolves it according to the settlement deed which is done between both of you. And as far as the 498a is concerned you need to approach the High Court for quashing of the FIR that was registered against you with all the true typed copies of the documents.
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Answer #2
832 votes
if the 498A is filed by your wife ,you need to file quashing in the high court, the UK court grants divorce without Mutual consent,the divorce is not valid in India, for speedy divorce you need to file divorce petition in supreme court of India under Article 142 of the constitution
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Answer #3
598 votes
Sir Both the cases are separate in nature and are not incidental to each other. While, the divorce is civil in nature, the 498A is purely criminal in nature. Even if the divorce was granted in an Indian Court, the FIR would still sustain. However, you may consult me in that regard to discuss the same in detail.
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Answer #4
683 votes
Seek a detailed legal Consultation foe Your ongoing martial discord. Would be better if you engage a lawyer in India and seek legal advise. Divorce in UK Would not affect the DV and 498A proceedings. It will continue even if you get divorce either in India or UK
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Answer #5
621 votes
Hello, If your wife has filed a case in UK we need to understand that of your wife is also looking for separation then that can be helpful but if she is not then we have to negotiate with her about mutual divorce
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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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