• 13(1)(ia), MC, 498A

Hi Lawyers, 
My wife has filed cases in this order - 
498A
Maintenance case demanding 25,000 as maintenance 
a new case under HMA 13(1)(ia)

I think the new case under HMA 13(1)(ia) is for seeking divorce on the ground of cruelty. 

Now my questions are - 
What happens to the 498a and MC in light of the new divorce petition? Will they be valid if divorce is granted?
Can I contest the cruelty charge against me and still agree for divorce?
Asked 4 months ago in Family Law
Religion: Hindu

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18 Answers

Divorce suit has got nothing to do with the 498a case. However if the 498a case gets dismissed then tf divorce suit filed by you gets allowed.  But I'd she has filed the divorce suit then your acquittal would jeopardise the merit of the divorce suit. 

If you consent in her divorce suit then you will have to agree for her allegations raised in the pleading. 

Don't do this.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

1) 498 A case and maintenance case would continue 

 

2)even if divorce is granted 498 A case would continue 

 

3) you can in reply deny the allegations made by wife of cruelty 

 

4) if wife is agreeable offer to convert existing divorce petition into divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Hello,

 

Yes, they will be valid irrespective of the fact that the divorce case has now been filed. 

yes, you can contest the cruelty charge and contest for divorce at the same time. 

Both cases are different in nature. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Yes, all three cases can and will continue simultaneously. They are different proceedings that serve different purposes.

 

Make sure that your stance across the three cases is consistent. If you notice any material inconsistencies in the stance of your wife across the three cases, bring it to the notice of the courts involved and try and capitalise on it.

 

In case these cases are pending in different cities or different states, you could petition the appropriate court to have them transferred to one place. Please note I am not saying you are entitled to this relief. I don’t know the facts of your case. All I am saying is that this may be a possibility depending on the facts of your case.

 

Hope that answers your query. Follow-up questions welcome.

 

 

Pulkit Chandna
Advocate, New Delhi
189 Answers
3 Consultations

4.9 on 5.0

File restitution of conjugal right case which will go on for years and your wife will come for settlement and moreso start paying like 1000 or 2000 to her account as per your capacity, both cases will be a bommerrang for her

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

  1. Both are different. HMA case is civil remedy before family court. Your wife has petitioned for  divorce before family court. This doesn't make the prosecution launched against you, on her complaint u/s 498A  of IPC infructious 
  2. This implies you got to defend yourself on both the cases. 
  3. You obviously require services of an expert counsel (advocate)  to defend you. 
  4. I'm willing to take up the entire matter ie both the civil and criminal. However, to assist you, I need an exhaustive consultation session with you. You need to visit me for that 
  5.  

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1392 Answers
5 Consultations

4.4 on 5.0

You can club all case in a one court. And than run only on divorce case and maintenance case plus 498a case accordingly.

Ganesh Kadam
Advocate, Pune
11854 Answers
116 Consultations

4.9 on 5.0

It will continue as it is a criminal trial. As per the merits of the said case it will be carried out.

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

1. 498a and maintenance cases will be decided on its own merit,

2. filing of a divorce case has no impact on these cases,

3. if the divorce is granted, even then, no effect on those cases,

4. yes, you can & should contest the cruelty charge and cam file a counterclaim seeking divorce on additional grounds

Suneel Moudgil
Advocate, Panipat
2338 Answers
3 Consultations

4.7 on 5.0

The cases filed under section 498A IPC and section 125 Cr.P.C. are different cases filed seeking different reliefs as per provisions of law accordingly unlike the divorce cae.

The divorce case is a separate case, hence whether the divorce is granted or dismissed, the other cases would be disposed ion its merits by the respective courts.

You may have to challenge each case on its onw merits and the documentary evidences you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

1. All the said three cases are distinctly different and will be tried separately.

 

2. The maintenance case and 498A case will run even after she gets the decree of divorce from the Court.

 

3. Contest all the cases fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

There is no connection between 498A Maintenance and 13A.....all will run simultaneously. 

All needed to be contested 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear sir,

The 498A and maintenance cases are separate cases and the divorce case will not affect those proceedings. Although the pendency of divorce case might become a relevant fact before those courts in certain circumstances. 

You can contest the case on cruelty and obtain the divorce by mutual consent or you can file a counter divorce case seeking divorce on some other grounds. 

Agam Sharma
Advocate, New Delhi
617 Answers
4 Consultations

5.0 on 5.0

court take cognizance of offence under section 498A IPC on the basis of a complaint filed by a wife before divorce petition. 

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

all three cases are independent in nature . You can contest three cases simultaneously in courts.498 A is persued by the state ,hence can be withdrawn as per SEC 321 CrP.C. only 

Nitesh Gautam
Advocate, Shimla
17 Answers

Not rated

What happens to the 498a and MC in light of the new divorce petition?
A. all the three applications parellely work. You prove your case and she fails to prove her case in 498A then divorce on account of cruelty may not be granted in her favor. Maintenance is even otherwise her right to claim except that she earns more than you and is capable of fending herself.

Will they be valid if divorce is granted?
A. There are less chances of divorce to get decided before 498A and maintenance. but if divorce is granted still those cases shall sustain against you.

Can I contest the cruelty charge against me and still agree for divorce?
A. yes. Instead apply for mutual consent divorce u/s. 13(b) of Hindu marriage act. This shall make your case stronger in 498A. In mutual consent deed make her agree upon withdrawal of criminal charges against you and get one time permanent alimony.

Pooja Ashar
Advocate, Ahmedabad
172 Answers
1 Consultation

5.0 on 5.0

- Since , the FIR already lodged by her against you under section 498 A, then you should take firstly anticipatory bail from the session court. 

- Further, the divorce case is having different ground from the said FIR ,  so you will have to contest the case filed by her to make her allegation false. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

All cases will proceed simultaneously, if any common issue raise in any two or three cases then in one or two cases stay will be granted.

All cases are separate. they will proceed even if divorce will granted, although you can request her to withdraw to case and settle the divorce in a amicable manner.

yes you can contest the charges mentioned in divorce petition and in other petitions as well. still divorce can be granted if it deemed necessary to court.

 

Sanjeev Gupta
Advocate, East Delhi
98 Answers
1 Consultation

5.0 on 5.0

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