is it permissible to file Divorce case when 498(a) case is pending in court of law?

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asked Mar 30, 2016 in Divorce by deepika

Hindu girl married Muslim boy under Muslim law during 2007. Marriage is not registered under special marriage Act.  They had one son aged 4 years.  The girl file 498(a) case for his torture for money. She is staying away from the boy since 2013 with her son.  She would like to get divorce and tried for mutual consent through mediator.  The boy is not willing to give divorce as per Muslim law  instead demanding for money and withdrawing the 498(a) case. He is not interested to take care of the child also.

Now is it permissible to file the case for divorce by the girl since the 498(a) case is pending.  kindly advice.  what are all the consequences if 498(a) case is not  proved in court due to  lack of  submission of witnesses.

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