Divorce orders- 498a not withdrawing

Dear Balaji,

Vary sad story.

This is the reason I always advise not to suit or give divorce until 498A is over.

You should bring 498A back to JM. You should give a put-up U/S 151 CPC by denying her to give divorce before the said date of order in the first business of the court and serve a copy to the OP lawyer by signing the original petition. Hearing will be in the same day.

Please follow my each posts in the following links bellow for more knowledge.

https:// https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

First of all...I want to let u know that your wife has no right to withdraw the case under section 498-A....She has to file a petition to quash the FIR before the Hon'ble High Court of your state.....

Besides that you can move an application in court and therein u can deny to give divorce to her.& the copy b supplied to the opposite party..But the same should be done before the next date of hearing.

Which state the case is in? Unless the case is in Andhra Pradesh; it can not be withdrawn in Lok-Adalat. You would need to file an application for quashing.

This said; if you wish to stop the divorce; you need to withdraw your consent from the divorce petition.

I don't see any conflict in getting divorced and starting afresh even when 498a is pending. I would have done so happily had divorce come through before 498a and offered so too.

Regards,

Hi Sir, am from andhra pradesh..You mean to say let divorce go and 498a apply for quash in Highcourt? If I allow divorce and she wont come to withdraw the case.what I have to do ? . Please advise.Thanks..

498a is compoundable in AP; you can put a condition for withdrawl of 498a prior to divorce. Though it would also be dependent upon what is written in the compromise.

you had made of very big mistake ,Before filling the divorce U/s 13(1)1b you must record the statement of both parties in the concern courts, in which both parties  the settled the all issue including 498A case  in the court or   Before filing the divorce petition 13(1)2b in the court you must approached  the mediation cell for written settlement deed in the cell and courts , after settlement deed , if she back out from the deed you may file the suit for breach of settlement deed or contempt of court  . you may denied (back out ) in the divorce petition U/s 13(1)2b form  granting divorce with the reason .

you had made of very big mistake ,Before filling the divorce U/s 13(1)1b you must record the statement of both parties in the concern courts, in which both parties  the settled the all issue including 498A case  in the court or   Before filing the divorce petition 13(1)2b in the court you must approached  the mediation cell for written settlement deed in the cell and courts , after settlement deed , if she back out from the deed you may file the suit for breach of settlement deed or contempt of court  . you may denied (back out ) in the divorce petition U/s 13(1)2b form  granting divorce with the reason .

13 (1) (1B) which section is this. If it is 13(1)(i-b) that is desertion. If it is 13B it is mutual consent petition.

I guess he just agreed on divorce on the grounds of the lady to save time.

As rightly observed by expert Mr. Shoney Kapoor, 498A is compoundable in AP, hence, better file a memo before the divorce court  praying to  defer the decision  in divorce case pending decision on 498a case withdrawal.  Consult your lawyer and proceed further.