498a closure after quashing in bihar
Pankaj
(Querist) 07 June 2015
This query is : Resolved
Dear Sir,
I filed divorce case in Delhi which eventually transferred to wife's hometown Khagaria Bihar. She also files 498a against whole family along with other IPC 323, 341, 406, 313, 315 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
Eventually on the ground of mutual agreement Patna high court quashed the case in last yer June for me. For my relatives HC quashed the case last month. we paid money for full settlement before the quashing. Now i have two query:
1) What is the procedure to close the case in lower court? I can see the lower (CJM) court is still has date (for appearance) next month.
2) What is the process in Bihar to get divorce on this basis. Mutual agreement also mentioned that both party (i and wife) will part their ways and get divorce from family court. No party has to do anything with other. Can she ask for more money in family court for divorce?
Please also let me know lawyers (if any) in Khagaria, Bihar,
Dr J C Vashista
(Expert) 10 June 2015
Ask your tutor to teach you the procedure.
What is the advise of your lawyer?
How can Patna High Court quash a FIR in two parts, i.e., one for you and another for your relatives?
An academic query.
V R SHROFF
(Expert) 10 June 2015
You ask her thru commom relatives to file 13B mutual consent divorce, as agreed upon.
Once get consent term, and/ or decree, produce before lower court to consider the same and decide the matter.
The 498A case will be decided with your aquittal.
matter over.
