Matrimonial case settle issue
Sayan Poddar
(Querist) 10 September 2014
This query is : Resolved
Dear Sir,
Matrimonial dispute
1)Child custody running--visitation right given
2)498a/406/34 filed....charge not framed
3)482 quash petition for 498a/406/34 is pending
4)No divorce or maintenance case file yet
Husband and wife want to settele, want to leave together,want withdraw cases
Both party want to withdraw case...repetedly requesting Advocate to process
of withdrwa case.Lawer are telling a mutual pettion will be file , which
will permit both to leave together...for 6 month,if not dispute occure then
case will be withdraw
My question is
1)It is a law of 6 month to stay together to settle mutually ?
2)Is is possible to withdraw the case this time ,without 6 month period ?
3)If lawer are not processing withdraw, can both take help other lawer ?
4)Lawer saying that magistrate is asking so...
Both party want to resoved the matter
Devajyoti Barman
(Expert) 10 September 2014
1. To live together no mutual petition is required.
2. yes absolutely.
3.Yes always.
4.Not clear. Since quashing case is pending court, the 498A case can be quashed mutually in no time.
ROHIT SHARMA
(Expert) 10 September 2014
Dear Mr. Ayan,
1. Taking into consideration that Child custody case is running and visitation right have been given, and the fact that even though charges u/s 498a/406/34 I.P.C. have been mentioned in the F.I.R. and you most likely you have been interrogated by the police and instead of detaining you the police may have produced you before the competent Magistrate and may be you may have been enlarged on regular bail and moreover since the charges are not not yet been framed by the court then in that event you can make a motion to seek discharge if your wife files an affidavit that you both have come to amicable settlement and then in that case the court may before disposing of your discharge application can direct both of you to cohabit together at least for six months and if after that the court comes to a conclusion that the martial discord has been amicably resolved then in such a event the court may discharge you and the case can be closed.
2. Since you have also filed a petition u/s 482 before the competent court to quash the F.I.R. disclosing offense u/s 498a/406/34 f I.P.C.and which matter is still pending, then the said court may delegate the matter for mediation and after considering the report of the mediator the court may be pleased to direct quashing of the F.i.R. in interest of justice.
3. I am of the opinion if you both have instilled peace and harmony amongst you then by cohabiting together for six months will fetch the desired ending.
4. Your advocate and the public prosecutor need to be of the same opinion in this regards and then the situation will change and your advocate need not be changed if he is willing to work out such mutual understanding between the complainant and the accused.
5. The court would not restrict such motion as it too would be inclined to support the family reunion and that too when there is no case of divorce has yet been initiated.
6. If you feel the need for further discussion and private legal consultation with this lawyer so to make you both feel assured that the cases will be certainly withdrawn and the charges quashed you may opt to get my contact details by clicking my name (expert) shown in the L.H.S. margin of this reply format.
Sayan Poddar
(Querist) 11 September 2014
Thanks Mr. Devajyoti Barman
Thanks ROHIT SHARMA
Thanks a lot
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
Expert Mr. Burman has properly addressed your query, you may follow his advise.
