Dear Friends,
we got married in 2010 in Andhra Pradesh. After 5 years of married life, we got seperated 6 months ago. My wife lodged a privation complaint in one of the Rangareddy district lower courts(VII) in Hyderabad. and VII court directed Police to file (April 6th 2015) a case with sections 498A, 354,323,509, 3 and 4 DP Act r/w on me and my family members. The FIR is done and we got the bail. Charge sheet is not yet prepared. we had a daughter of age 4.5 years.
I had strong proofs/evidences to contest and prove all the allegations given by my wife are wrong in the court.
She also clearly know about this fact. Recently my wife called me and told me that she wanted to withdraw the case including all sections in it. What she is telling is that she filed all these sections on me with the miss guidence of her mother/relatives and her lawer. Now she is saying she do not want to trouble me with these false allegations. Hence she wanted to withdraw it.
But in her mind she is asking for mutual divorce as she do not want to stay with me. But we have a daugher of 4.5 years age. I do not wish to leave my daughter at the same time my wife also do not wish to leave her. At the time of mutual divorce we need to mention the details about child custody stating that who is going to take the custody of the child after the divorce granted. since both of us are looking for the custody of the child, how can we mention this point in Mutual divorce pitition.
Please suggest me the order of the actions
- Withdraw of 498A case ( Is Withdrawl possible in Police Station as Charge Sheet is not yet prepared ? or need to go to District VII court or need to go to High court ? please suggest)
OR
- Mutual consent divorce (for this also where to go VII court or High court)
My wife not willing to stay with me. I have no other choice except divorce. If I want to get the child/daughter custody what is suggested process and steps. Please provide more light on this ...
- Ashik
