In Divorce proceeding will it be good to call 498a IO

Dear Client,
If the 498A is filed long after the marriage ended or after the divorce petition, courts question its validity, as it suggests misuse for harassment rather than genuine grievance. Filing a criminal case merely to counter a divorce petition (a "counterblast") is viewed negatively by courts and can lead to quashing. A complaint lodged u/s. 498A of IPC after in course of pending divorce suit may be considered as an afterthought by the Court. A strong 498A case can influence settlement talks or prove cruelty, but a weak or manipulative one might backfire to complainant. So, ensure you have concrete evidence of cruelty or dowry harassment to avoid false accusations or misuse of law. Recently, in the case of Rajesh Chaddha v. State of Uttar Pradesh, 2025 SCC OnLine SC 1094, decided on 13-05-2025, the Hon'ble Supreme Court acquits husband in 498A IPC Case and expresses concern over misuse of dowry and cruelty provisions of the law. The Court observed that this practice of misuse of law undermines the credibility of the allegations and vitiates the core intent of these protective provisions. So, given the proposition of relevant law and the averments of the Apex Court, it is recommended to consult with a Senior Advocate specializing in matrimonial suits to assess if your case is strong, timely, and has genuine grounds, rather than just being a tactical move before filing an FIR/complaint under Section 498A IPC against your husband.