Withdrawal of 498a case and mutual consent divorce
nkumar
(Querist) 29 July 2013
This query is : Resolved
Dear Members,
I was married in May 2004 to a highly educated girl. She was very arrogant and fights every day for small issue me and her parents have supported to her. They started to threat for filling 498a case and blackmailing for money. Initially, I tried a lot to save marriage.
December 2004, she fought me and left my home and started to live with her parent’s house.
She filed 498A with false complaints in May 2005 against me and my parents. We got AB bail from session court then regular bail and trial are still running in lower court till date
I filled divorce case in October 2006 and which was contested by her.
My divorce case was dismissed by lower court in August 2010 then I filled first appeal in high court which is still pending.
After long litigation in court, my wife and her parents got frustrated and requesting for mutual divorce without alimony.
Please suggest how to proceed for withdrawal for 498a case and Mutual consent divorce. I do not have any trust to them.
Should i ask for first withdrawal of 498a then mutual consent divorce?
santhosh.g.
(Expert) 29 July 2013
you & your wife jointly can withdraw the case by filing a compound petition with the leave of the court u/s 320 cr.p.c of she can withdraw prosecution u/s 257 cr.p.c
Nadeem Qureshi
(Expert) 29 July 2013
you can go for quashing before high court and after that execute a MOU and file MCD before civil court or family court
Raj Kumar Makkad
(Expert) 31 July 2013
Generally courts do bring the parties to mutual settlement and then cases are decided accordingly.
