Can the wife pursue/file another complaint of 498a, dv etc
Manoj Bansal
(Querist) 11 February 2015
This query is : Resolved
does the wife can pursue/ file another complaint of 498a, dv, etc cases BEFORE or AFTER the final statement of MCD if the compromise has already been made in the women cell regarding this before the first petition of MCD. Wife has written in the compromise for divorce that she will not pursue any of the case and bound to withdraw all the cases of 498a, dv etc. after MCD.
actually i want to confirm that all the cases like 498a, dv etc against me are closed or not before giving the consent for final statement of MCD.
Devajyoti Barman
(Expert) 12 February 2015
The course of those cases would depend on actions of your wife which has no connection with grant of divorce or not.
If she does not withdraw 498A case, then it may continue even after passing of decree of divorce.
Satya Mani Tiwari
(Expert) 12 February 2015
Dear Mr. Manoj,
What is the status of case u/s 498a IPC is the case been chargesheeted & pending trial in court or still under investigation by police.Whatever the status may be any or all cases filed under 498a may be withdrawn any time, either pending in court or under investigation, if the matter is under investigation by police in that case, an affidavit by the complainant or a statement u/s 164 crpc before a megistrate will help to finish the matter once & for all. If pending trial in that case the affidavit before the trial Megistrate can solve your problem.
ajay sethi
(Expert) 12 February 2015
wife has agreed to with draw only after grant of mutual consent divorce decree . if wife refuses to with draw you can move HC fr quashing
T. Kalaiselvan, Advocate
(Expert) 15 February 2015
Agreed with the views of experts, to be confirmed about her intention, ask her to first withdraw the cases and then move for MCD.
