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Filed 498A

Querist : Anonymous (Querist) 19 September 2015 This query is : Resolved 
I have filed 498A against my husband and family after being tierd of been so much mentally harrassed by my husband. But I did not do it to seek any benefit out of him.
Actually, our is a love marriage and I still love my husband very much. But after marriage I was tierd of his abusive language, threatening and always demeaning me on every aspect and ready to dominate his male ego on me. Apart from all this I always tried to make him happy in every possible ways. We both have 2 kids in our 3 years of marriage.
The latest fight I could not stand because he abused me physically threatened me and also abused my parents and family members all in front of his parents and family members. His parents supported his bad behavior.
I filed a police complaint narrating police what I went through. When I got the sheet of complain the section they gave their was 498A. However, I did not realise the seriousness of this section so did not object. Now the police has filed chargeaheet and it has been forwarded to court.
I want to take back the complain as I did not want to punish him at all. I just wanted police be in loop what all has happened in my life.
I now realise I have done a terrible thing in a stroke of anger and frustration.
I want to take back my case, how do I save my husband from this penance. I am ready to face the consequences as I know my husband is good at heart though he sounds harsh on me.
SAINATH DEVALLA (Expert) 19 September 2015
Love marriage,differences and mental harassment and finally 498A,but repenting for doing so.What do U want me to suggest?

How do U come to a conclusion that UR matrimonial household are changed persons and again accept U into their house hold?

UR intention was to teach a lesson to UR husband,that could have been done with the help of family counsellors and mediators.

498A once in the court becomes a state case,which cannot be withdrawn directly.
In so far as 498A withdrawal is concerned, once an FIR has been registered and chargesheet filed, she, or for that matter anybody else, cannot withdraw it. It is difficult that it will be quashed.

Hence better meet UR husband and come to a compromise for a fruitful reunion,ask UR husband submit the compromise deed and quash petition in the High Court.
Rajendra K Goyal (Expert) 19 September 2015
No reply to query from anonymous.
Sudhir Kumar, Advocate (Expert) 20 September 2015
Some people make mockery of law. When you are badly harassed why you want to withdraw, only to be punished for having given false complaint?


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