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Soma (ta)     02 August 2011

Regarding mutual divorce and 498a

Hi,

    498a case was filled by my sister in law against my parents,me and my husban.After that they asked for an mutual divorce and 5 lakh rupees as an alimony.We have the mutual divorce date on 24th of this month.And the 498a case is still relevant.The charge framing has been done and we have a got the evidence date on 15th of november this year.So we decided that we will not give the divorce until and unless the 498a case is relinquished.Is this the right decision.Please let me know.



Learning

 6 Replies

Sanjeev (Lawyer)     02 August 2011

Yes the 498A case should be quashed first from HC and then the second motion of Mutual consent should be done. If you are talking of the first motion date on 24th then you will need to go on that date and your SIL shall withdraw the case before the second motion else dont go for the second motion. The clause shall be added in the Mutual consent petition that the 498A shall be quashed before the second motion.

Ravinder Kumar (Account Director)     02 August 2011

rightly suggested by Sanjeev..

Soma (ta)     10 August 2011

Sir,
 I have some queries on this:
1. Can you please explain what is SIL.
2. What are the probable problem if mutual consent is given before the 498a case is withdrawn.
3. You told that 498a case shoule be quashed from HC.Can't this case be quashed from Lower court
4. Clause you have suggested have not been mentioned in the petition.So what should we do.

Shubhankar Dutta (Private Practice Last 3 Years at Jalpaiguri District & Session Judge Court)     10 August 2011

15th November for the Evidence Date. That date must appear your de-facto complainant through a Lawyer filed a compromise petition and affidavit, examine the complainant and satisfy the court that the matter settled amicabeli and de-facto complainant filed a no-objection   that if all the accused has been acquital from the case she has no objection...

 

For further details you may contact with me ...

Shubhankar Dutta (Advocate)

Phone No. 91-9126479514, 09332966239

Email.  Papai_dutta1@yahoo.co.in

 

 

 

West Bengal

Soma (ta)     22 August 2011

Hi Shubhankar Sir,

  I had forgot to mention you one thing that my sister in law had filled one affidavit stating that " thinking about her future welfare is having no objection if the 498a case is withdrawn from her in laws".

So will this affidavit suffice if she do not appear before the court for saying that is having no objection if the case is dismissed.

 

Thanks for your reply in advance.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 August 2011

It seems the case is in AP.

 

All other states, you need to go for quash.


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