498A quashing - girl's presence required?

13B is mutual divorce where both the husband and wife are agreed for divorce mutually settled grounds and only two to three appearnce require before court within 6 months u got divorce.

Regards

adv.kamal.grover@gmail.com

Hindu Marriage act 1955 which allow couple to be take mutual divorce under the sec.13 B is mutual divorce where both husband and wife can take divorce with mutual consent after filing court give u time for 1st motion & date for 2nd motion will b given 2 u after 6 months in this u & ur spouse can decide the term & condition for divorce like how much she wants or ur ready 2 pay & by wat mode etc. consult advocate in ur city. 

1. Subject to the provisions of this Act a petition for dissolution of marriage by decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage Laws (Amendment) Act 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
2. On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Now understand or still explain 13B????

I am a new member to this discussion thread. My question is on the reply given by  Mr. Kiran Kumar. Mr. Kumar has told in this discussion thread that without the reply from the girl(wife), the high court will not quash the proceedings. But there could be a situation where compromise is not taking place and the state has given the reply but the counsel from the girl's side is deliberately not giving the reply or trying to delay the matters. So, in that case would the High court not take a negative view and may start the argument with the clear cut indication that the respondent wife has nothing to say. Secondly, if the reply from the State has been filed, the arguments can take place without the reply from the respondent wife. Please share your views on this.

In my case, the girl did not come in front of the judge for about 3 times even after signing the settlement agreement AND accepting a notice from the high court to be present for the proceedings. Eventually my lawyer threatened with police action (since she had already accepted the notice) and thats when she finally came and the case was quashed.

Though the law favors women (dont know why since there is already so much drama happening about equality) the judge will see a few times and then order the proceedings to start without the girl's presence. But it is customary for the girl to come and give her statement in the court and be present for cross-examining. If this doesnt happen then the case will automatically get dismissed on grounds of lack of evidence. It is upto your lawyer too. He has to forcefully argue in front of the judge that the girl's side are indulging in dilly-dallying tactics and the same is wasting the court's time.

Just have a little faith. If you have not done anything wrong, nothing untoward will happen. These are tough times and I know what it feels like. Just keep a calm and cool mind and things will be fine.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MARRIAGE AND 498A AND DIVORCE PETITION KINDLY NOTE THAT.

1.AS 498A IS NON COMPOUNDABLE OFFENCE AND CANNOT BE COMPROMISED MERELY BY SUBMITING APPLICATION IN THE COURT, YOU MAY SUBMIT WRIT PETITION TO THE HIGH COURT UNDER SECTION 482 OF CRPC FOR QUASHING THE COMPLAINT UNDER SECTION 498A OF I.P.C.

2.KINDLY NOTE THAT ONCE YOU GIVE DIVORCE TO HER SHE MAY NOT APPEAR FOR HER CASE AT LOWER COURT UNDER SECTION 498A I.P.C.MATTER. HENCE YOU BE SMART AND CONFIDENT AND SUBMIT A JOINT APPLICATION TO THE LOWER COURT TO KINDLY ALLOW TO COMPOUND THE CASE AT LOWER COURT  UNDER SECTION 498A OF I.P.C. COURT WILL COMPOUND ANOTHER SECTIONS OF I.P.C.AND WILL EXAMINE THE COMPLAINENT IN THE WITNESS BOX , STATE LAWYER WILL ALWAYS TRY TO PROVE THE COMPLAINT, HENCE YOU SHOULD HAVE EXPERT LEGAL ADVISER TO DEFEND YOUR MATTER AT LOWER COURT .HE HAS TO GIVE INSTRUCTIONS TO YOU AND YOUR WIFE ABOUT REPLY TO BE GIVEN IN COURT IN CASE THE COMPLAINT UNDER SECTION 498 A IS TO BE CANCELLED AND FOR ACCUSED TO BE ACQUITED BY EXAMINING THE COMPLAINENT IN WITNESS BOX.

3.KINDLY NOTE  THAT THIS IS VERY COMPLICATED MATTER AND NEEDS EXPERT LEGAL ADVISE.I HAVE APPEARED AND SUCCESSFULLY COMPROMISED SIMILAR CASES AND GOT ACQUITAL FOR THE HUSBAND AND HIS FAMILY MEMBERS

YOU MAY WRITE AND SEND DETAILS OR CALL, WILL HELP YOU

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE