Wife filed 498a case and after 2 years filed contested divorce

608 votes

Since your wife has filed 498a complaint against you and also a divorce petition. In case you do not wish to continue with the marriage you can put a proposal for divorce by mutual consent. In the consent petition you can put the condition that the 498a complaint needs to be withdrawn before the disposal of the divorce petition. You need to get the contested petition converted into a mutual consent divorce.

Advocate Neelkanth Goswami LawRato

671 votes

Divorce case and 498 A case are two different cases with each other. Divorce cases run as per Family Court Act and CPC and 498 A is a criminal trial runs as per Cr PC (Nagrik Suraksha Sanhita). Both the cases run as per their way. As you said 498 A case and rape case are in trial stage and further you said those are false cases, then you file likewise application seeking longer date in your Divorce Petition by citing reason that you want to submit statement recorded in criminal trial court and drag that matter till you get the decision in 498 A and Rape case. There are thousand of tactics which perfect advocate can do.. choose proper advocate.....

Advocate Sheetal Pawar LawRato

684 votes

Court cannot grant Divorce until she proves before the concerned Court her grounds on the basis of which, she has filed a Contested Divorce Petition and it is going to take years in proving such grounds. So, you will get an opportunity to file an Application to Court,to not pass any order in her favor granting Divorce until the final order gets passed by the concerned Court in the ongoing trial of Sec 498A of IPC Case filed by her.

Advocate Pankaj Bajaj LawRato

688 votes

1. Divorce and 498A Case Proceedings: In India, the court can proceed with a divorce case even if a 498A case (related to dowry harassment) is ongoing. However, both cases are independent, and one does not necessarily affect the other. If you want to prioritize the completion of the 498A trial, you may request the court to expedite it, but this does not guarantee that the divorce case will be put on hold until the 498A case is resolved. 2. Impact of Contested Divorce on 498A Case: A contested divorce might have some indirect impact on the perception of the 498A case, especially if evidence in one case can support your position in the other. However, legally, the cases are separate, and the 498A case needs to be dealt with based on its own merits. 3. Closing 498A Case Before Divorce: To close a 498A case, the complainant (your wife) would need to withdraw it or a settlement could be reached between the parties. In some cases, if a mutual divorce is agreed upon, parties choose to settle all pending cases, including 498A, outside of court. If it’s a false case, your lawyer might work to prove this in court, which could help in dismissing the case. 4. Next Steps: It is essential to consult a qualified lawyer who can assess the details of both cases and advise on strategies for addressing the 498A case and divorce simultaneously, especially if you aim to close the 498A case before the divorce. A legal expert can provide specific guidance on potential defenses, evidence, and options for negotiation.

Advocate Kiran Ashok Gangurde LawRato