(Querist) 13 August 2009
This query is : Resolved
Subject : QUERY REGARDING FAMILY MATTERS. FIRST OF ALL, I WANTS TO GIVE THANKS TO ALL THE MEMBER THIS WEBSITE BECAUSE THIS WEBSITE MORE & MORE HELPFUL TO SATISFY QUERY AND TO INCREASE KNOWLEDGE. I HAVE ONE QUESTION REGARDING FAMILY MATTER. 1. WIFE FILED CRIMINAL CASE UNDER 498A AND 406 IPC BUT AFTER A FEW MONTHS SHE FILED APPLICATION BEFOR STATE WOMEN COMMISSION FOR RESTITUTION OF CONJUGAL RIGHTS . HUISBAND SAID BEFOR STATE COMMISSSION THAT HE WANTS TO RESTITTUTE HIS MARITAL LIFE ONLY IF HIS WIFE WITHDRAW THE CRIMINAL CASE. IN REPLY WIFE SAID THAT SHE IS READY TO WITHDRAW BUT FIRST HER HUSBAND RESTITUTE MARIATAL LIFE WITH HER . LATER HUSBAND DENIED TO KEEP HER. LASTLY STATE COMMISSION SAID THAT UNLESS CRIMINAL CASE UNDER SECTION 498A IS PENDING WE CANNOT DECIDE ANYTHING , SO THE WIFE'S APPLICATION FOR RESTITUTION OF CONJUGAL RIHGTS HAS BEEN DISMISSED. SHE IS READY TO WITHDRAW THE CRIMINAL CASE BUT HER ADVOCATE SUGGEST HER THAT SHE ALONE CANNOT WITHDRAW THE CASE. 498A IS NOT COMPOUNDABLE. CHILD IS LIVING WITH HER MOTHER. WHAT WIFE CAN DO BECUASE STILL SHE WANTS TO LIVE WITH HER HUSBAND AND HAS ONE CHILD OF 11 YEARS OF AGE ? WHAT LEGAL STEP WIFE SHOULD TAKE?
Sarvesh Kumar Sharma Advocate
(Expert) 13 August 2009
face d trail of d court, make charge against husband in d court & on d time of evidance file hostile statement before d court by the lady. if she redy 2 compromise dn no need 2 other evidance 4 d court. her adv. is misguiding.
(Expert) 13 August 2009
no doubt the offence under S.498-A is not compoundable.
but there is a judgment of Hon'ble SC
B.S Joshi and ors. v/s State of Haryana 2003(2) RCR (criminal) 888; AIR 2003 SC 1386; 2003(4) SCC 675; 2003(3) SCALE 214
apprise ur counsel with this judgment.
now consider the line of action...write down a compromise between Husband and Wife to the extent that the wife does not want to pursue the matter further and both intend to leave amicably.
file a quashing petition before the Hon'ble HC referring to the above said judgment....the HC will be pleased to quash the FIR.
(Expert) 16 August 2009
First of all prepare an agreement with your husband that you both are agreed to live together and then your case will be quashed by high court. If you need assistance in your High court then you may write us. Your further clarification is welcome at nominal fee at; email@example.com Advocate M:09814110005 PB. & HRY. HIGH COURT CHANDIGARH (INDIA) With Regards