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How to get rid of 498a with dp (3) and (4)

(Querist) 06 July 2018 This query is : Resolved 
Hi Experts,

A failed marriage and then 498a with DP act 3 & 4 in our City and then DV and Maintenance cases in her City in a different state.
I have had the worst phase of my life even though I never took a penny and full marriage expense was mine. I think facing a murder trail may be better than these cases and whole family and relatives are implicated just like that. I don't know when men will have their rights restored in this nation.

Coming to the cases, we have reached a settlement agreement.

I'll be paying half the agreed amount to her to remove the cases at her place first and the remaining half for the cases in our city - 498a and mutual consent divorce.

Now I need your expert advice on how to go about for the 498a with DP 3 & 4 and the mutual consent divorce.

I believe the 498a with DP is non-compoundable and hence Sec.320 will not apply (correct me). Does the Sec.482 in HC work for this?
Only chargesheet filed and no charges framed yet as one of the accused has got a STAY in HC and is lying there static.

I believe I have to approach the HC for the 498a with DP. How does this work here?

1. Does mediation apply here?
2. Does the HC treat this as a normal trial and call the complainant for her reply or evidence etc
3. What about the divorce, do we need to go to family court for this or can be obtained in HC itself along with the 498a removal/quash.

I want t divide the remaining half amount for 498a and Divorce, please suggest me how to go about it and when to pay the amount so that we are not stuck in cases while she has got the full settlement amount.



THANKS















Dr J C Vashista (Expert) 07 July 2018
Consult your lawyer for better appreciation of facts, guidance and proceedings.
P. Venu (Expert) 07 July 2018
Please post simple facts avoiding those that are not material to the issue on which you are seeking our suggestion.
Ms.Usha Kapoor (Expert) 08 July 2018
I agree with Venu.'s Opinion


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