498a closure
Amruth
(Querist) 17 February 2012
This query is : Resolved
My wife filed a false 498a case and after mediation and agreement for settlement we got divorce through mutual consent. As per the agreement she was supposed to help police file a B report in court and help me close the case. Police have filed a B report in Dec 2011 and still I do not know the progress of the case. My lawyer keeps on saying that the case has not come for hearing in court.I doubt my lawyer is working with her lawyer for some ulterior motives.
How should I find out the real situation in the case independently without my lawyer ?I want to finish this case off , so that I can settle down from all the tensions I had far past 6 months. Can you please guide me.
ajay sethi
(Expert) 17 February 2012
take a search of court records . find out what report police have filed . also what is the next date of the case
Sanjeev
(Expert) 17 February 2012
If the police has filed B report than you need to check whether the report has reached the court or not. Once the case is listed the Magistrate might drop the proceedings.
Kiran Kumar
(Expert) 17 February 2012
better file a quashing petition before the Hon'ble High Court on the basis of compromise arrived at between the parties.
Amruth
(Querist) 18 February 2012
Actaully experts in the forum had suggested this route of filing a B report and closing it in magistrate court...becos initially I was planning to do it the highcourt way...
are there any pros an cons ??
ajay sethi
(Expert) 18 February 2012
if experts had advised you for filing B closure report go by experts advice . the more opinions you take greater will be your confusion
Sanjeev
(Expert) 18 February 2012
The faster route is the HC one as sometimes there are chances of wife backing out and demand more money so generally people go through HC to end soon the B report option is fine if you are not in that much hurry as this may take some more time depends when chargesheet reaches court and then summons are issued and date fixed for first hearing.
If you want to speed up check with court staff if chargesheet is in file if it is then get them issue a early date for hearing and get that closed fast.
If charge has not reached the court then it would be with the circle office where police files it get it expedited there so that it reaches court fatser.
If you want a early closure than you would need to work on your own instead of asking your advocate to do the same.
Chaitanya_Lawyer_Mumbai
(Expert) 17 February 2012
