498a
Rakesh chopra
(Querist) 13 September 2016
This query is : Resolved
Hi sir,
My first motion has been completed but i have doubt pls suggest -
1) Is there any law/rules that HC can not quash 498a FIR before completion of second motion.
2)please suggest any supreme court judgement that wife can not back out/ ignore for quashing the 498a after getting mutual consent divorce as per agreement (MOU).
3)If wife would be back out than what remedies we should take.
4)if wife back out than Does HC still have the power to quash the 498aFIR.
5)pls provide Any High court or Supreme court judgement.
Devajyoti Barman
(Expert) 13 September 2016
1. No, the high court can quash it even beofre it.
2.There is no SC decision. Wife can retract from cooperating the mutual quashing. However if on her such undertaking the divorce is granted then high court can quash the case even if she does not come forward .
3. SAME AS ABOVE.
4. Yes, very much.
5. Ask your lawyer for the decision.
Advocate Kappil Cchandna
(Expert) 13 September 2016
Sir,
Agreed with the experts ...But in addition to it I feel you must be having the agreement which u can use as a sword anytime .....
Warm Regards
Kapil Chandna Advocate
9899011450
Raj Kumar Makkad
(Expert) 14 September 2016
ou have already been given the best advice by Barman to which I also endorse. We do not provide judgments here and moreover this is the duty of your lawyer to search relevant judgments as per the necessity of the case.
Rajendra K Goyal
(Expert) 20 September 2016
Agree with the expert Devajyoti Barman.
