Wife filed 498a after 13b mutual divorce petition

This query is : Resolved 

Querist : Anonymous (Querist)
08 December 2011

I would like to get the guidance in my case, we got married in Arya Samaj without the consent of our parents and our parents were not present during our marriage ceremony. We have got the registration marriage certificate for the same
After our marriage my wife parents came to my house and requested us to come at their native place for reception. We went there along with my family and attended the reception and after that my wife parents registered that function day as marriage day at their native place. Now, I have two marriage certificates for marrying with the same girl.
6 months back we both had filled the consent divorce (13B) at the place where we both are working. After few months she filled the 498A against me in her native place and I took the Anticipatory bail to save myself from arrest.
Now my lawyer is suggesting me to take back my consent from the petition filed for mutual consent divorce. This is a very confused state; I am unable to find me to take the right decision at this moment.

Raj Kumar Makkad (Expert)
08 December 2011

As your wife has already backed out from mutual consent by filing a criminal case against you so the advice of your lawyer is accurate in the given circumstances.

ajay sethi (Expert)
08 December 2011

it appears that your wife does not want a mutual consent divorce . why would she file 498 A case otherwise?

let your wife bell the cat . let her state before the court that she does not want diovrce by mutual consent .

Devajyoti Barman (Expert)
08 December 2011

First decide what do you want?
If you wish to get entangled in the case though your wife would be free to get engaged with another one, then agree with your advocate.

Raj Kumar Makkad (Expert)
08 December 2011

Barman! It is not the desire of the author. He already filed petition seeking mutual divorce but his wife adopted the other way so option is very very limited for the author to save himself from criminal and coming cases.

Sanjeev (Expert)
08 December 2011

It is perfect to withdraw consent else she will be free after divorce and you would be tied up ffighting this case with state as she would be just a complainant.

Divorce should not happen unless 498A is quashed.

Shonee Kapoor (Expert)
09 December 2011

Never get divorced with 498a hanging on your head, withdraw your consent henceforth and ask them to close this 498a first.

Also be prepared for some more litigation like DV and all.


Shonee Kapoor

Querist : Anonymous (Querist)
09 December 2011

Thanks experts for your advice. Just to add on my query, my wife first filed the MCD after taking all Streedhan, Cash, Gold and house hold items from me. But after some time her parents threatened me to register my flat on my wife's name else they will file false 498a against me.

They already took everything from me including my car. My flat which is on loan was only one thing which was left with me. As it was from my hard earned money, i refused to register it in my wife's name.

Then they filed false 498a case against me and my parents. But due to 13b filed in court, i got anticipatory bail from High Court. Now second motion of MCD is due in last week of December. Kindly suggest if i don't go on that date then whether divorce will be awarded to my wife? or do i withdraw MCD.

If i withdraw MCD, then my bail can also get cancelled and on withdrawal of MCD whether my wife can file any other case to get divorce?? Pls suggest.

Sanjeev (Expert)
10 December 2011

Bail is not impacted by Divorce or RCR. She wont get divorce unless you appear on second motion. So withdraw consent through lawyer else if she gets divorce she would be free and you will be running around courts your full life like a fool.

Unless you fight back and is ready to face the challenge you wont succeed this 498A is a pressure tactic and at the present stage you only have one weapon to make them come down which is divorce if divorce happens now then you wont be able to close 498A and will fight whole life.

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