Quashing of 498a for divorce settlement
Tanmay
(Querist) 08 March 2013
This query is : Resolved
Hello all,
My wife has filed a false 498a on me and my family members. Now they have come for settlement.
They are demanding rights on a joint property for which I am ready to relinquish the rights by providing a release deed. I want to give this as part of the Quashing/Withdrawal of 498a.
I want to know if withdrawal is easier in the lower court or Quashing in the High court.
Either way I am fine. But I want to know which is quicker and easier, so that the process can get completed faster.
Stage of 498a: Chargesheet filed and only the first hearing is over. No charges framed as yet.
Can experts please advise. Any advise in this regard is highly appreciated.
Thanks in advance for your time and help.
Regards,
Tanmay
Raj Kumar Makkad
(Expert) 08 March 2013
It shall be better if the charges are got framed and your wife and other material witnesses become hostile on the very first hearing. Quashing shall take longer time and even it is not necessary to get the desired results from high court.
Tanmay
(Querist) 08 March 2013
When both the parties have agreed why will that take longer time in quashing of 498a. My lawyer was telling that it will take a very short time for quashing of 498a in highcourt.
My second hearing of 498a is coming up in which can I tell my wife's party to turn hostile. But they may not be ready as none of us have applied for divorce. Will apply after the MoU is ready. After that we will sign on the MoU at the mediation center. Then I can handover the release deed of the property as part of closure of 498a either in lower court or high court.
I have heard a separate application can be filed in lower court wherein whatever steps you have mentioned will be carried out in one day.
Please let me know what are the disdvantages of going for a quash in the high court.
Thanks in advance for your inputs and help.
Regards,
Tanmay
Sankaranarayanan
(Expert) 08 March 2013
quashing the 498a is normal course of time is longer period. but as for your statement concern your wife part also ready for it then it is easy as your counsel said you.
if both really need to live together then the mediation will helpful , but both you hope already decided for separation Then file divorce petition before the court in the jurisdiction limit. .That also you need to wait one year form the separate living.
Raj Kumar Makkad
(Expert) 08 March 2013
You need to mutually agree on the terms and conditions of your settlement, draft it with the help of lawyers in legal shape and then go ahead as advised before the lower trial court. You should apply for the divorce after finalization of the settlement.
ajay sethi
(Expert) 08 March 2013
agree with mr makkad
