Legal Question in Family Law in India

1. i am a indian wife and have a 7 years old son and currently employed.

2. I had got married in 2006 and ever since faced physical and mental harassment from my husband and inlaws for more dowry and my father's property.

3. I has lodged a 498A case on the above grounds and after fighting the case for 6 years finally my husband has been convicted under 498a case. He has appealed and the decision of the lower court is kept pending by the sessions's judge.

4. He had deserted me 6 years back with a baby in my arms and since then i have lived separately from him.

5. My question is - can i now apply for divorce while his appeal to the conviction for the 489a case is pending in the court. Can i continue to fight the 498A case after getting my divorce.

6. i wish to take the divorce on the grounds of cruelty that has been established in the 498a conviction and the fact that we have been living separately for more that 6 years now. I also wish to continue to fight the 498 A case till he is put behind bars for the injustice he has done to me.


Asked on 7/12/14, 12:29 am

2 Answers from Attorneys

Dear client as yr 498 a case is proved in court so u can ask divorce on the ground of cruelty as well as desertion. Though his appeal is pending it will not affect on yr divorce because both r different cases. For any legal help call me on 9422611385

Adv prasad patil

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Answered on 7/12/14, 1:47 am
shiv shakner saini saini law

Respected mam,

As he deserted you since 6 years.

He is convicted under 498a case.

So you may go for divorce, you have strong ground for this.

My question is - can i now apply for divorce while his appeal to the conviction for the 489a case is pending in the court.?

Answer;-- yes you can do

Can i continue to fight the 498A case after getting my divorce?

Answer Yes you can .

For any more info fell free to call 09587744142

Thanks.

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Answered on 7/13/14, 6:12 am


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