Legal Question in Family Law in India

Dear Legal advisors,

I have filed 498a case against my husband and in laws. Now i want to start my life afresh. So i need divorce. But i am not ready for mutual consent divorce, sicne my husband and in lwas can het the 498a case quash based on the mutual consent divorce. My husband is only ready for mutual consent divorce. I have been literally harrassed and subjected to cruelty by my in laws. I dont want my husband and in lwas to escape from law.

Please tell me is there any way i get divorce in short time say 1 year with out getting 498a case closed.

Regards,


Asked on 11/15/10, 10:19 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may fiel a petition for divorce on the grounds of cruelty and in case you are able to prove the cruelty meted out to you, you may get the divorce faster.

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Answered on 11/15/10, 10:58 pm
Vishwa Arya Arya & Co.

though 498A and divorce are two distinct cause of actions in different nature, but, getting divorce by mutual consent will certainly have an impact on 498A. However, if the husband is ready to go for divorce with mutual consent without there being a term of quashing of 498A then you may agree just for divorce and in the divorce make a clear and categorical statement that you do not condone 498A.

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Answered on 11/16/10, 6:20 am


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