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Advocate B. M. (Advocate)     10 April 2014

Quashing 498a

Dear Friends,

A client of mine has procured divorce through judicial mediation wherein it was agreed that the wife will support for quashing 498A, 406, 504 and 506 filed by her against her husband and family on an application made by the husband u/s 482 CrPC.  She has even agreed to personally write to the Police station that she does not wish to pursue the complaints and FIR on account of the settlement, and she has hand written the letters to the police station.  Now that the application u/s 482 CrPC has been filed by the husband and his family, she is showing disinclination to come to the High Court and personally depose before the Court that she does not wish to pursue the same. The High Court is also asking for her personal attendance. Now she is also claiming that she wants a lawyer to represent her in the high court and that the husband has to foot the bills of her lawyer too. Is there a way out of this extortion measure, or should I advice my client to agree to her terms? Kindly guide, as my clients are personally known to me and I know that they are genuine people and have been falsely implicated. I look forward to an early response and guidance on this.

Thanks.



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 1 Replies

Kapil Gupta (Advocate)     10 April 2014

Physical presence is compulsory in the court and the lady will have to attend the proceedings. At least first time she will have to be there.

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