Dowry case 498 a - withdrawn issues
Mawiya
(Querist) 07 July 2017
This query is : Resolved
Hello.I have withdrawn dowry case against my husband and in laws (given in writing to police) before charge sheet was filed .This was on the basis of agreement by both parties for mutual divorce mentioning amount and articles to be returned to me(on a particular date at qazi's place) Later they violated terms of agreement but on police's intervention paid the amount & my belongings.But as my husband absconded to saudi ,iam still waiting for divorce(khula) papers sent to him for signatures.But they are wantedly delaying to trouble me.
* Though i have written letter to withdraw case ,i did not take notice from the police of case closing.Now when i approach police,they are saying that case has been closed as per ur written letter.we are not responsible.It is crime that you haven't taken notice .when they contacted me through phone.I said i will take notice only when i receive divorce papers.Is it not compulsory to take my consent to close case through notice eventhough when i have written withdrawal letter?
what is the solution for this? Police officer was talking rudely to us when we approached for this He said itz not their responsibility now as the case is closed.
Dr J C Vashista
(Expert) 10 July 2017
Since you have submitted your agreement and consented for mutual consented divorce, followed by return of your articles, jewelry and the amount, the police can not keep the complaint open and rightly closed.
Now if you have some grievance you may again file an application for a new cause of action. If the police do not take any action you are at liberty to move to area Magistrate for taking cognizance and proceed.
Dr J C Vashista
(Expert) 10 July 2017
You are required to seek professional services of a local prudent lawyer preferably who is well acquainted with Muslim Personal Laws.
rajeev sharma
(Expert) 10 July 2017
As per message posted by Sharia Council "FASKH
A Khul’a takes place when the husband consents to his wife’s request for a divorce. If the husband refuses consent, Islamic law permits qadis and Imams to dissolve the marriage. This is known as Faskh (judicial dissolution).
Since the matter of divorce relates to Personal law of parties you are requested to contact a lawyer well versed in Muslim law and find hoe divorce may be effected by court.
