I understand everything else in your posting and agree with it. But I am not sure, why you say that you should not file for divorce first. My wife filed a Sec.498A complaint about 8 months after I had filed for divorce. She had also filed a Domestic violence case a month before I filed for divorce. I have used this at every occasion that this is a matrimonial dispute and not related to dowry harassment at all. I won’t say that the argument is a 100% effective, but not filing for divorce does not make any sense to me. In fact the argument that a divorce case was already under way helped me to a certain extend in getting anticipatory bail in Sec.498A case.
Please clarify as I am curious to the reasons.