498a quashed , what happens next

Querist : Anonymous (Querist) 11 July 2010 This query is : Resolved
Once 498a quashed, what happens to women side? Yet to see the order copy..

Can we say the case is closed?

I presume that now to decide whether to live together or go for divorce?

Experts please comment.

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S. Bharath (Expert) 11 July 2010
For the moment the husband can ride on the back of the quashing order, but there could be a fresh complaint on the basis of a fresh incident [alleged by the complainant], for whatever it is worth. The decision what you have mentioned is a call which the husband and his family members should take.

Devajyoti Barman (Expert) 11 July 2010
Once the high court quashed the proceeding it means that the case has ceased to exist for all practical purposes.
Now she could initiate other proceeding also like under 125 crpc or u/s12 of dv act.
Its you who is the person to decide whether to stay with her anymore or not.

Kiran Kumar (Expert) 12 July 2010
apparently the quashing means the FIR/Criminal Complaint has gone.

wife may initiate other legal proceedings, but prior to taking other step its advisable that the orders passed by the HC/SC be analysed first.

on moral terms its advisable that let there be some compromise between the warring parties....either they shall restart together or shall part away but amicably.

pawan sharma (Expert) 12 July 2010
i. now u go for divorce.
ii. to initiate suit/proceeding of u/s 125 Cr.p.c for mantinance.
iii. file a application u/s 12 of Domastic Violance Act.

Raj Kumar Makkad (Expert) 12 July 2010
Pawan has concluded the entire discussion and I am agree with him.

Uma parameswaran (Expert) 13 July 2010
498a quashed means the criminal case filed under 498a is no more.The after happenings shall depends upon the mind set made out by the parties.

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