Can a divorce be granted if 498A case is withdrawn?

I filed a 498A case against my husband, and a contested divorce is ongoing. Now my husband is asking for a settlement, but we don’t trust him. In mutual divorce, I should return all other cases. However, it is possible that he might not attend the final hearing after I return the 498A case. This happened to a friend of mine, where her husband didn’t show up for the final MCD hearing after she returned all the pending cases, causing her divorce to be dismissed. Now she is suffering to get a divorce since her husband refuses to appear, and her lawyer submits medical applications every time. What is the solution if we want to settle the matter so that after returning the 498A case, the judge can grant me a divorce in his absence, if possible?

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Advocate By LEAD INDIA Answered: 25 Apr 2025

If you are concerned about your husband not showing up for the final hearing after returning the 498A case, you can ask the court to proceed with the divorce in his absence if he does not attend. A lawyer can help ensure the proceedings move forward smoothly, even if he does not cooperate. For further legal assistance contact us on our helpline number.
 

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