False 498a and cruelty

Mr.Anand, 

The order allowing the wife to withdraw her divorce case - is important. It is to be seen whether the court granted her liberty to file another petition (O.23 R 1(3) CPC) or it was an absolute withdrawal. Also important is at what stage she withdrew. In the latter case she cannot file another petition on the same set of facts. However the petition that she filed - no one can force her to pursue the same, however If her statements/allegations were palpably false & vexatious - then first thing you should do is to obtain a certified copy of her entire file - If the documents/stateements reveal she has perjured herself you can file an application u/s 340 before the same court - who would do a preliminary enquiry into the same. 

Her withdrawing the divorce petition normally isnt a very good ground for quashing - however as i said a lot would depend on what she said - how and on what grounds she withdrew.

Please Consult a Lawyer

Perhaps she came to know later on that UNLEASHING LEGAL TERRORISM will bear her easy fruit rather than seeking divorce on cruelty grounds b4 a civil court!

This was an absolute withdrawal without refile permission from the court. It was refiled a couple of days later to make room for all the false allegations in the 498a. So there are new imaginary incidents but none after withdrawal. How can we fight this?