(Querist) 10 August 2010
This query is : Resolved
My wife has filed a 498a case after ex partee decree of divorce, ex partee divorce in 2007, she has filed 498a in 2009 with 3 and 4 DP act and 323. Chargesheet is ready and when can I and my mother can go for discharge and what is the sucess rate of the discharge.
(Expert) 10 August 2010
after service of the charge sheet and before recording the plea of not guilty,you file the petition seeking discharge.best of luck.
(Expert) 11 August 2010
Mere decree of divorce is no ground for discharge in 498A case. It is the material on record(charge sheet, statement u/s 161 crpc) which would determine the success of the discharge petition.