Wife filed 498A case and then divorce filed by me got dismissed


My wife has filed 498A case which is pending. Then i filed for divorce on ground of mental cruelty. It got dismissed yesterday. What should be my next step?

Answers (3)


223 votes

Dear Sir, you have not mentioned why your divorce petition got dismissed. Further on what stage your 498A is pending? Is it a false complaint against you? Anyway you can go for appeal against the impugned order of the family court. Only on the mental cruelty ground you will not able to get divorce easily. There has to be some more grounds like disrespect to you and your family, non caring attitude of your wife towards you, use of abusive language, adultery, not allowing to fulfil sexual needs, leaving at her parents house or elsewhere, but not with you since more than a year, etc.


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191 votes

Since Divorce case has been dismissed, you have an option to file appeal against the order before High Court. As far as 498A case is concerned, you have not mentioned the stage of 498A case. In the event Evidence is yet to be recorded, identifying lacunae in statements of your wife and her witness, in addition to present your best evidence may be your next steps. For more clarification, you may reach out to me.

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205 votes

Dear Client,
challenge the dismissal of divorce petition by filing an appeal, but you need to concentrate maximum on 498a case. acquittal in 498a case is your best defense, which will help you in settling the matter with your spouse.

for further clarifications you can call me.

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