498a Case
Querist :
Anonymous
(Querist) 25 February 2010
This query is : Resolved
Hi,
I am a muslim male. My wife filed a 498a case against me, my mother and 2 sisters in 2007. Now the hearing for the case has started a month back. My wife has approached me and asking me to divorce her.
When i told her to withdraw the case before i give her divorce, she told me that as per provision in law, once we are divorced, the case will stand cancel. But i am not sure of it and is reluctant to divorce her, for the simple reason that if the case is not withdrawn I will continue to suffer.
Pls advice whether if I give her divorce as per muslim law, will the 498a case against me and my family will be withdrawn or any other way the case can be amicably settled.
thanks
A V Vishal
(Expert) 25 February 2010
When i told her to withdraw the case before i give her divorce, she told me that as per provision in law, once we are divorced, the case will stand cancel.
ANS. NO, INFACT THE APEX COURT HAS HELD THAT 498A CASE CAN ALSO BE FILED EVEN AFTER DIVORCE, SO WHAT YOUR WIFE SAYS IS INCORRECT. THERE HAS TO BE A SETTLEMENT AND YOU SHOULD FILE THE SAME BEFORE THE COURT STATING THAT YOUR WIFE IS NOT INTERESTED IN PURSUING THE 498 A CASE AND WANTS TO WITHDRAW AFTER MUTUAL AGREEMENT BETWEEN BOTH OF YOU. HOWEVER BEING A NON COMPOUNDABLE OFFENCE IT IS UPTO THE JUDGE TO DECIDE EITHER WAYS.
Guest
(Expert) 25 February 2010
i do agree with Mr VISHAL
Raj Kumar Makkad
(Expert) 25 February 2010
I do agree with legal proposition told by vishal.
Sanjeev Panda
(Expert) 26 February 2010
I do agree with Mr. Vishal.
Querist :
Anonymous
(Querist) 26 February 2010
Thank you all for the advice.
My wife has approached the family court and there we both have signed a mutual consent terms that i will give her divorce on the same day the case in the criminal court is quashed. But when i took the same consent term to the criminal court (where 498a case is being heard), The Public Prosecutor (PP) told me such consent terms donot hold any importance in the criminal court. And the PP is asking me to give divorce to my wife first , so the case will get over. Hence I am confused.
Pls advice
A V Vishal
(Expert) 26 February 2010
Without going into the details it is difficult to advise why the PP asked to get divorce first. Moreover, please state the stand of your advocate.
Querist :
Anonymous
(Querist) 26 February 2010
My lawyer is against giving a divorce first.And wants my wife to submit an affidavite in the court requesting quashing of the case, But my wife has not hired any seperate lawyer and is relying heavily on the PP. PP on seeing the consent terms we signed at the Family court has told my wife that if she gets a divorce the case will stand cancel.
I am confused between the stand of the my lawyer and that of PP.
I want to know the best possible way to get this case quashed. So that both the parties are free.
Kindly advice
A V Vishal
(Expert) 26 February 2010
Take the stand taken by your counsel.
Querist :
Anonymous
(Querist) 02 July 2012
Hi,
I am in bit of trouble. My wife filed a 498a against me in Mar 2007 and again a petition in Family court for restitution of conjugal rights under section 281 of mohamadan law in Spt 2008. On our 1st hearing in family court she agreed to quash the 498a case in criminal court, in return I would give her divorce and return all the material she got at time of marriage. we both agreed and signed a concent in Dec 2009. However she never came to criminal court for quashing the 498a case. Nor did she turn up at family court. I lawyer gave application to judge at criminal court to close the case but it didnt not work. Now after 5 years of filing the 498a case, my wife appeared in criminal court in June 2012 and recorded her statement in complete contract to our consent signed at family court. She told the judge all the false thing she had recorded in the FIR in 2007. Now I am not sure how to go forward.
I need some advice as to how to take this forward and how can I win the case, as for the last 5 years my wife never made an attempt to visit the court for justice and now after 5 years she is asking for justice. Pls guide me.
Thanks
