LET'S EXPLORE 19 February 2019

498a and DV

my sister in law has filed 498a and DV cases against her husband in 2012...till today it is going on and no conclusion is reached...during this period she had also accepted 5 lakh rupees by cheque from her husband...
now she is so fed up that she wants to withdraw both cases....

I want to know what consequences can she suffer if:
1) she withdraws both cases ?
2) will it show that her intention for filing these cases was to extract money from her husband since she had accepted 3 lakh rupees from him while the case was going on ?
3) ...anything else that You would like to suggest.

kindly reply as soon as possible !

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7 Replies

NSV VARA PRASAD 19 February 2019

Total cash withdrawn/received or not.?

LET'S EXPLORE 19 February 2019

yes...she has withdrawn total amount and used it.

Suhail suhail (LAWYER) 19 February 2019

Your sister must decide what she want to do.

If she wants divorce then why would she withdraw her case,let the case assume finality;

If she is willing to quit the better don't prosecute the case let that be dissmissed in default.

Regarding 498 A, she can withdraw the complaint .

Don't leave any ground for her husband to back fire .

COnsult your lawyer and discuss thorougly..

LET'S EXPLORE 19 February 2019

DV is domestic violence....not divorce she wants to withdraw domestic violence.... divorce has not yet been filed

Suhail suhail (LAWYER) 19 February 2019

Your sister must decide if she wants to get divorce then she must not withdraw the complaint of DV,as that will create propblem in getting the divorce.

Let her decide what she actually wants.

LET'S EXPLORE 19 February 2019

being a Muslim she wants to take Talak through a maulvi.... Will still that have an effect if she withdraws the case ?

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Suhail suhail (LAWYER) 19 February 2019

She can seek Khula upon terms as per Muslim Personal Law,

Please see;

According to the "Dissolution of Muslim Marriage Act" passed in 1939, judicial Khula was allowed to be authorized without the husband's consent if the wife was agreed to forfeit her financial rights. Marriage is not considered a sacrament amongMuslims but rather a civil contract with "spiritual and moral" undertones.

That means if she seeks a Khula without the consent of Husband she has to forfiet the financail rights.

Please solve it socailly and take into confidance the husband too. If the wife and husband really don want to live togather and there is no possiblity to mend the relation , then mutually they can end the relationship

I still advise not to drop the copmailnt under 498 A , till the agreemnt is not reached for a final settlement. This can help to pressurise the other side to settle the dispute.