Leagl remedy

If the 498A case is already initiated then the immediate remedy is to apply for anticipatory bail to avoid arrest. For the child unfortunately he can not get the custody though he can get an order for visitation of the child.

Crime Against Women (CAW) cell is pre litigation conciliation cell.  Your frined must attend the cell and put his points before the mediators there and also explain the efforts he has put for resolving the differencess.

I also suggest that your frined requires to think about having a separate house from his parents for making his matrimonial life successful.  They make arrangement as such that both husband and wife would visit the parents of the husband on one week end and parents of the wife on the other weekend.  If any financial supoort is needed to the parents that also can be done with mutual consent.  If emotional support is required, it can also be provided by visiting them at regular intervals.  At the same time, we have to understand that girl's parents also need emotional support from the girl. 

If these conciliation efforts fail, at least try to see that failure shall not be with bitterness. Otherwise, there would be repercussions under Section 498-A and domestic violence Act.  Further, if every thing goes wrong prepare yourself to get anticipatory bail / bail in Section 498-A case.

Finally, custody of child is not the question at this stage.  But while appearing before CAW, you put your request to visit the child at least once in a week.

Show exemplary patience and you will come out successfully.

Dear Prabhakar ji,

Thanks for your guidance,

If his wife is admant for divorce in CAW and  he agreed to give divorce also, what he has to do in that situation to avoid the consequences of 498a.

So simple.  If husband and wife came to a definite conclusion that there is no course left except divorce, draw a memorandum of understanding saying both will move "divorce under mutual consent" provision before the appropriate court.  Next, in this MOU itself, it has to be clearly written that neither the wife nor husband would file any criminal, civil or revenue case against each other and other members of the family.  Similarly, about the custody of the child and the monetary compensation (if there is any and if wife does not take up this issue, then husband should not take up this issue), the agreement reached between the husband and wife have to be mentioned in the MOU.  

Then as per MOU, move the court for divorce decree under Mutual Consent Decree,.