Divorce granted but still stuck with 498a
Harvin
(Querist) 04 September 2016
This query is : Resolved
Hello ,
Need your valuable advice. I am from Hyderabad, my wife registered a 498a case(was still in crimestage and not chargesheeted) on me and my entire family, she also filed a RCR at the same time in FC. at reconciling in the RCR case in family court, through legal mediation center it was agreed that we will go for mutual consent divorce and withdrawal/closure of 498a case on the same day for an amount of 10 lakhs. Petition was filed and RCR was converted into MCD in the FC and divorce was granted and the amount was handed over. In the 498a case all documents were submitted including divorce and MOU and wife's consent in front of the judge by both parties but the judge gave an observation period of 3 months so that after 3 months the case will be closed, which was not expected by us. After 3 months the girl did not turn up at the court for 2 -3 hearings, since the girl is not present the Judge says cannot close the case and ordered the police to chargesheet the case, Now i am stranded
Questions:
1 Can i still apply for quashing in HC, since the judge ordered for charge sheet
2 What are the chances of it getting quashed if there is no cooperation from the girls side
3 What is the best way to get the case to a closure from here
Thanks
Guest
(Expert) 04 September 2016
Mr. Harvin,
Is there any specific reason that you have not made a mention of the advice by your own lawyer, who helped you getting divorce?
Harvin
(Querist) 04 September 2016
Well the whole thing went according to my lawere's advice, except that he did not foresee that judge would post an observation period of 3 months or else it would have been closed the same day.
What is the best way to get the case to a closure from here
Guest
(Expert) 04 September 2016
Mr. Harvin,
Although not a satisfactory reply from your side, yet I would like to say, the best possible way to get the 498a case closed without loss of extra time, energy and sumptuous amount of money, is to produce the girl somehow before the judge in the next hearing and get her consent confirmed to close the case.
Harvin
(Querist) 04 September 2016
Thanks for your response, my concern is that what if the girl still does not show up what would be my options Please advice
cherukuri prasad
(Expert) 04 September 2016
All cases can be closed or quashed in High Court. May be the Judge of the court below was not apprised of the facts in detail. I stay in Hyd. Please contact me. Nothing to worry as amount was paid before the Judge.
Guest
(Expert) 04 September 2016
Yes Mr. Harvin, you have got the link of a well experienced lawyer available at Hyderabad. Must not waste time, meet Advocate, Shri Cherukuri Prasad, to get your cases closed effectively.
Contaact particulars, as per his profile are as follows:
9848172446
cherukuriprasad@yahoo.com
Rajendra K Goyal
(Expert) 05 September 2016
Agree with the expert P.S Dhingra ji.
RAVI K GOUD
(Expert) 06 September 2016
Mr. Harvin,
It is a good case for the Quashing. Go ahead as suggested by Mr. Prasad.
When Divorce is granted, the couple ceased to be husband and wife. When there is no relation of marriage, what is there in 498-A.
Complainant is also not coming for the adjournments, so insist for the dismissal of the case instead filing for the charge sheet.
There are positive points in the case, so proceed with High Court.
All the Best...
Guest
(Expert) 06 September 2016
Dear Shri Ravi Gaud,
Here I may differ with your opinion, as 498A case does not relate to the period after divorce. The offence of cruelty and harassment related to the prior period of divorce, when both had husband and wife relations. Divorce does not automatically grant immunity from punishment for past offence, if committed against wife during marital life.
So, it is not so easy as you think, even if the relation stands broken now due to divorce. In 498A cases, no judge tries to takes any risk to dismiss the case without confirmed consent of the wife.
The case has to be tackled with utmost care. Being at the same station, Hyderabad, Shri cherukuri prasad has already offered to help him, but he does not seem to have responded yet, for the reason best known to him.
