498 a
Querist :
Anonymous
(Querist) 21 August 2010
This query is : Resolved
My wife filed 498A against me, we agree for mutual divorce, she is helping us for quashing it in high court, after my and my wife appread in 498A Quashing case (482) in high court the judge after confirming from us our divorce date (final decree date), said to our lawyer that the 498a will be quashed when we show him the divorce degree no need of clients only the lawyer show the court the divorce decree . In true copy of the case "All the disputes prevailing between them have been settle amicably, their petition for divorce by mutual consent has been fixed for verification on certain date.
Since the offence is punishable under section 498A of IPC is non compoundable. IA stands dismissed with the observation that effect of compromise shall be taken into consideration while considering the petition the petition finally in the light of decision of the APEX COURT in BS JOSHI V. State of Haryana(2003)4SCC 675 followed. As prayer for matter be listed for final hearing on given date." I want to know Do my wife have power now to refuse to withdraw 498a after above high court decision, or she can demand anything if any lawyer suggest her
Guest
(Expert) 21 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING 498A CASE AND DIVORCE MATTER KINDLY NOTE THAT.
1.DIVORCE MATTER IS A CIVIL COURT MATTER AND COMPLAINT UNDER SEC.498A WHICH IS NON COMPOUNDABLE ,THE COMPLAINT WILL BE EXAMINED IN WITNESS BOX AND SHE SHOULD DEPOSE AS HOSTILE WITNESS.YOU MAY TAKE HELP OF LEGAL EXPERTS ORELSE AFTER GETING DIVORCE SHE MAY NOT WIDRAW THE COMPLAINT UNDER SEC.498A.YOU MAY SUFFER IN COURT LATER.
GOOD LUCK.
Querist :
Anonymous
(Querist) 21 August 2010
We already witness in high court and high court order is also mention above, same as "Since the offence is punishable under section 498A of IPC is non compoundable. IA stands dismissed with the observation that effect of compromise shall be taken into consideration while considering the petition the petition finally in the light of decision of the APEX COURT in BS JOSHI V. State of Haryana(2003)4SCC 675 followed. As prayer for matter be listed for final hearing on given date. i want to know after this order of high court do my wife change her decision after taking divorce and demand anything.
s.subramanian
(Expert) 21 August 2010
Follow the advice of Mr.Nandkumar.
Querist :
Anonymous
(Querist) 21 August 2010
Our witness is already done in high court before the judge, final hearing is after divorce, my wife said before the judge that she want to quash the 498a.
