See you can file a quashing petition on ground that she filed it as counter blast but still the court may ask tk investigate as it cannot quash or reject complaint on this sole ground.

Yes many judgements of apex empowers woman to file dv case even after divorce. It depends on the domestic violence and it's continuing cause of action and depends on merits of each case. There is no straight jacket formula. You can always challenge it on merits

She is still your legally wedded wife 

DV /498A is maintainable even after filing of divorce petition 

3) wife has to prove allegations made in DV/498 A case 

Yes it is possible and is valid reason to file 498 against husband filing of divorce petition have nothing to do with the domestic violence act and 498 a and it is always possible who filed cases against this act and section.

1. Well, what was the prudence behind sending notice before filing divorce suit which is not at all necessary.

2 You should have filed the case straightway than giving her the warning shot so to make her prepared  her for retaliatory actions.

3. Her filing of 498A or DV case though doe snot depend on the fact of filing divorce suit and whether you file divorce first or subsequently the merit of her case or your case is to be independently determined and would not depend on the outcome of other cases much.

4. In other words you do not have any advantage or disadvantage whether file divorce before her filing the cases or after her.

No court will not dismissed her cases merely on this point she on counter blast filed these cases. 

If they are threatening then you should file divorce petition, it will help you for your defence that she has filed only to counter blast

They are at liberty to use of any legal process.

Filing allegations just after issuance of notice would certainly add some merit in your favour to defend the allegations.

You should go with divorce petition.

1. Sir, the DV and 498A cases are completely different and distinct from matrimonial petition. 
2. Matrimonial petitions are civil in nature, while in 498A, you are accused of an offence, which if established in court, gets you punished. 
3. That you have filed a matrimonial petition first, is just a factor. The criminal court won't dismiss 498A solely on this ground. You have to puncture holes in prosecution story of the offence u/s 498A. If the prosecution succeeds in establishing that you committed the offences u/s 498A, then you'll be prosecuted and punished for it, despite you having already filed matrimonial petition for divorce first. 
4. Hence you must appoint me as your counsel (Advocate) in both, your divorce matter and s 498A and DV complaints against you, to defend you and protect your interests. 
5. I require an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.

You should have filed for anullment of marriage on grounds of fraud within period of one year of discovery of fraud and suppression of material facts regarding her mental problems 

2) you can file for divorce on grounds of mental cruelty 

3) wife refusing to have sex amounts to mental cruelty and is ground for divorce 

4) if false case is filed of dowry harassment apply for and obtain Anticipatory bail from sessions court 

1. Sir, first of all, your lawyer is just misguiding you. Divorce petition is not acceptable in family Court till 3 years of marriage. 
2. So instead of divorce, you should file for Nullity of marriage petition, on the grounds of marriage being invalid because of fraud. A decree of Nullity dissolves (annules) the invalid marriage once and for all. 
3. You should heed my advice sir. The divorce petition will be rejected family court as 3 years have not elapsed. So go for Nullity petition. 
4. Change your lawyer. His incompetence is going to jeopardize your case. I have already given you my number. I'm prepared to handle your case deligently and take it to it's logical conclusion

1. See police complaint can be filed by you that she is intimidating for false cases and further you can pursue your divorce application.

there is no such safe guards available legally to husband. if you file divorce case then your wife will definitely file maintenance, domestic violence and criminal complaint against you. Need not worry at all.The practice of filing false and frivolous domestic violence case is at its peak recent days.
There are a lot of ways to defend yourself and protect yourself and your family.. consult a local family lawyer. 

You can go forward with the contested divorce if you desire. if you get threatened by her threats of false case you will never be able to file divorce

I shall file a false murder case against you... 

What will be your repercussions? What will you do if police come to arrest you on my false allegations ? 

Next day another false cases filed against you. 

Think of it.  Will you go absconding? 

You will certainly tell the truth first to police. 

And then to court. Will court convict you without any evidence or going into the truth in the allegations ?

Certainly not. 

Same is for false 498a allegation.

Do not get scared of false allegations. Court is not to hang you just upon the statement of your in-laws. Now it has become a fashion to file false FIR. 

If you face any problems contact here for further advice.  

Dear Sir,

Woman Can't File Dowry Harassment FIR After Divorce, Says Supreme Court

There cannot be an FIR against a man and his family members under dowry harassment charges after divorce, the Supreme Court has ruled.

The top court has held that prosecution under Section 498A of IPC or under other provisions of the Dowry Prohibition Act will not be sustainable once a couple has separated under the pertinent law.

The maximum punishment under penal provisions goes up to five years in jail along with monetary penalty.

A bench of Justices SA Bobde and L Nageswara Rao highlighted that Section 498A of the IPC opens with the words "Whoever, being the husband or the relative of the husband of a woman….”

Therefore, the bench said, where the complainant approaches with a case that there has already been a divorce, Section 498A will not be attracted. Similarly, there cannot be a case under Sections 3/4 of the Dowry Prohibition Act, 1961.

The occasion for the court to clarify the legal position came up when a man and his family approached it for quashing an FIR registered against them under Section 498A of IPC and Dowry Prohibition Act.

The Allahabad High Court had in 2016 dismissed their plea for exoneration in an FIR lodged in Jalaun district of Uttar Pradesh.

The lawyer for the former husband and his relatives submitted before the bench that the prosecution is not tenable in view of the case of the complainant herself that there had been a divorce almost four years before filing of the FIR.

The court said there is much substance in this argument. "In view of her own averment that she was divorced four years ago, we are of the view that the prosecution is not sustainable under section 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act, 1961," said the bench.

It then quashed the prosecution against all the accused persons under dowry harassment charges.

Yes you can defend yourself in the cases filed by your wife by stating that the cases are filed to counter your divorce petition so that you should withdraw your petition.

If you have all the evidences of her mental conditions then no need to back off continue with the divorce petition 

File a petition against her under section 12 h. M. Act. 

If they will file any case then you have defence that they hv filed case after filling my case. 

It is a counter blast. 

Along with that move an application to police for registration of case under section 420,506,384 ipc

For cheating. Threat to life and extortion

Hi

Go ahead with your activity of filing Divorce.

It is their right to file 498-A, DVC, Sec.125 and other cases against you.

Contest the same.  

You have got a very good case. 

Apart from the medical records of your wife, collect all possible material / evidence against her which will be useful to you in the divorce case and also to defend the other cases likely to be filed by her.

In case if you come to know about 498-A obtain Anticipatory Bail.  Be alert.

Good Luck

1. Yes, DV case and p[olice complaint lodged u/s498A of IPC after rceiving notice of divorce suit will be considered as an after thought by the Court.

2. Your Advocate shall have to strongly argue in this line, if such cases are filed by her.

The DV case or the 498a criminal complaint would be maintainable during the process of the divorce case also.

It may not be maintainable only if she had filed them after the court has passed the judgment dissolving the marriage by a decree of divorce in a contested divorce case 

The existence of the such illness prior to marriage and the suppression thereof is also a strong ground for cruelty, you can go ahead with the proposed divorce case.

Let her parents give any threat about such criminal cases, you can challenge them in the trial proceedings on the basis of the documentary evidences in your support and merits in your side.