LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

windowsxp   17 June 2016

498a withdrawal when case is stayed

Dear Sir/Madam,

My wife filed 498a 6 years back and 2 years back i filed quashing petition in HC to remove names of my paretns and sisters excluding me, now the case was stayed, my lawyer is not showing interest to move the case further, now through some middle man we are tying to settle the matter and we asked my wife to close 498a and agree for divorce.

In lower court case next date was given in 10th month and in HC case was stayed, what is the procedure to close 498a in this scenario?

Thanks in advance..

Regards,

Srinivas.

 



Learning

 5 Replies

windowsxp   19 June 2016

husband filed quash peition to remove names of parents and sisters and it is stayed by HC, now wife want to withdraw the 498a case, shall it can be done in lower court or she need to approach HC?

kindly advise 

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 June 2016

@ Quest,

 

Your lawyer intentionally filed stayed petition/prayer and that is why stay order has been granted by HC.

It is filed/prayed intentionally to prolongate the matter and harass you since 498A has become money extortion business of all most all layers, judges and criminal minded women.

I have already articulated may times that how 498A is wrongly formulated and against the pious observance of Indian Constitution. Please check in my profile links.

 

Please apply for speedy trial in the next date in HC.

 

Please check the following link for more knowledge on this. Thanks.

 

https://www.lawyersclubindia.com/forum/Does-quash-petition-for-498a-in-hc-needs-stay-order-first--127485.asp

windowsxp   20 June 2016

so she cannot close this case right until stay was revoked? is it possible for my wife to revoke the stay is there any other way to close this case?

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 June 2016

Please know that 498A is a non-compoundable offence hence she can’t withdraw it. The only solution is Speedy trial.

eswar kumar (des)     28 June 2016

Hi,

My wife also unable to run behind courts and she wanted take divorce and ready to close 498a DVC. That time my 498a and DVC both got stuck with stay order from HC. My lower court lawyer directly talked with lower court judge. The judge asked us to start examination. In examination, my wife  told she don't interest to run case and planning to take divorce from my husband and also there is no dowry harasament and there is no proof for giving dowry. the same day 498a was closed . I got aquittal orders. I am from andhra pradesh. Each state has different (minimal changes) proceedings on 498a. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading