MANJUNATH K B (Asst Professor) 10 June 2018

Wife telling she will withdraw 498a, 506 and all the cases against me

I got married on 15-05-2014, my wife has lodged 498a,506 u/s 4,6 of dp act on 30/11/2015 and the charge sheet was done on 27/11/2017 after two years , knowing this i have sent a divorce notice to her on 30th june 2017 from karnataka state, bellary district where i reside and as a counter blast she has also filed a dvc on 07-aug-2017 and an RCR on 7-12-2017 at andra pradesh, kurnool district... the cases filed by wife are in Andra pradesh and i had got bail for them now as the divorce proceedings are going on, the judge is asking if she withdraws all the cases against you will u take her back....? I told i will not take her back after so much she had done with my life, even though if she withdraws the case or if she doesn't but for this my lawyer is telling me first accept it let her withdraw all the cases afterwards we will sit and talk he is telling like this, which i am not understanding why he is telling like this.... please help i definitely don't want to take her back

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3 Replies

Ishfaq Abdullah 10 June 2018

Better is to go for compromise. Otherwise it is a very lengthy process

Aman chawla (DELHI HIGH COURT ADVOCATE) 10 June 2018

Remember one thing that the statement of both the parties will be recorded at the time of withdrawing the cases, and you can not back out after making a statement in the court.

So it is better you fight your cases or go for mutual contest divorce.

Thanks,

Regards,

Aman Chawla

minakshi bindhani 07 September 2021

Hello
As per your query
If both parties are willing to settle the matter amicably.
The availed remedies are:
1. You may file a complaint before the District Legal service Authorities about the settlement of the case of 498A, 506 of IPC and under sections 4 and 6 the of DP act. At the time of settlement, parties should comply with the condition the settlement proceeds without any undue influence.
2. At the same time, you may also file for mutual divorce under section 13 (1)(b) of the Hindu Marriage Act, before the Family Court.
3. Simultaneously, file an application under section 482 Cr. P.C before the HC to quash the relevant matter.
Hope it clarifies your issues!
Regards
Minakshi Bindhani