Format 498 a case withdrawal

Once a case registered u/sec.498a IPC it can not be withdrawn,howhever you may contact with Public Procecutor and file a Compromise Petition supported by an Affidavit.

see sneha 498(a) is a non-compundable offence, mysuggestion to u is that you should left it as its position because the case will only move when the witnesses are examined , so tell ur husband to take divoerce and u will not give witness and once he satisfy your criteria on demand u should present all the witnesses and become hostile. i this way he will also get out of this situation easily.

He would need to get the case quashed from HC basis the compromise. Let him file and get the case quashed after first motion takes place.

Sir one more query to add to this.

After MCD is filed and  there is 6 months waiting period by court.

if he doesnt turn up after 6 months then can i get decree  on the date or the case will go for contest again.

for this not to happen any clause can i put in MCD file

No if he dont turn up on second motion than divorce wont happen

Sir cant any clause in MCD will mandate him to come .This is betrayal of trust.in this case wht is the advantage in MCD if it can be tweaked and played at any time

see u have mistaken at various levels , u should have taken ashort date first because there is no need to have a 6 months date of the proceeding ,but still u have taken 6 months, so the court must have fixed date for the counselling , and after that teh court will decide the case after 2 -3 date, so first u have to wait for 6 months and than on that day standsup your lawyer of your faith to become his lawyer , than after that case will get into your clutch

Dear Ratnesh Ji,

Which trial court is still granting divorce w/o waiting for statutory six months cooling off period now?

Sir,

A case is filed.Respondent gets the summon and comes to the court and accepts it.

Reconcilation starts after 4 months .3 round of concilation procedure gets over and finally it fails to get again them together.Then both the parties decide to file MCD .Then again after filing  MCD they have to wait for 6 months.In the meanwhile both the parties had stayed away from each other for arounf 1.5 yr.

In such  scenes what is valid for again the 6 months stay after filing MCD, and if this is valid then what is the validity in doing reconcilation which failed.Sorry if my statements are wrong...but this is a concern for the process...

The period of six months can be condoned in exceptional circumstances.  My neice who had filed a divorce petition was granted divorce by the Pune court by condoning the 3 months period and granted divorce after completion of 3 months.

shonee jee, i have myself filed a mutual divoerce of my clients and teh cooling off perios and time given was only 2 months since be both prayed and court accepted in patna principal family judges court and divoerce was waarded within 8 months.

With due regards to the Hon'ble Judges of Patna, they were not aware about the bar created by Apex Court in this regard in Dec 2010.

No court aware about the limitation that only SC can waive off six months statutory period under 142 of Indian Constitution would dare do it now.

If the court grants Divorce without adhering to the statutory cooling period of 6 months that order becomes challengable and can be set aside by a higher court if appealed against by any party.