Quashing of 498a

Himanshu (Querist) 30 January 2010 This query is : Resolved
Dear members Plz advice me on the following points.
(A) Is it possible to quash 498a/406 immediately after first motion of Mutual consent divorce or one has to wait for six month after getting divorce decree.
(B) Can a daughter claim her rights on property/assests or demand any maintenance from her father once she have age of majority (18 yrs). Custudy of the daughter is with the wife and the husband has paid lum sum amount for full & final maintenance for both wife & daughter.

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Devajyoti Barman (Expert) 30 January 2010
A. Yes can be quashed after first motion if the defacto complainant also supports the petition at the time of hearing. However after final/second motion her support is not required assuming she has withdrawn her allegation in the mutual divorce petition.
B. Yes till she gets married.

Jithendra.H.J (Expert) 30 January 2010
a) it can be quashed at any time, but you have to approach the high court

b) she can claim share in the property after attaining majority subjected to some limitations/conditions/law

adv. rajeev ( rajoo ) (Expert) 31 January 2010
complaint can be quashed at any time, but now days high courts are directing the petitioners to face the trial.
Daughter can claim the maintenance from her father.
But in view of the recent Karnataka High Court judgment succession opens only after the death of the father. Amendment to sec 6 of the Hindu succession act is not retrospective it is prospective. Very worst and confusing judgment.

Adinath@Avinash Patil (Expert) 31 January 2010
coplaint can be quashed at any time.
she can claim share in the properties.

Guest (Expert) 31 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09271971251
e.mail.adv.nbsawant@yahoo.co.in
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REGARDING THE PROBLEM KINDLY NOTE THAT
1.YOU MAY FILE A WRIT PETITION TO THE HIGH COURT UNDER SECTION 482 OF CRPC FOR QUASHING THE COMPLAINT UNDER SECTION 498 A OF I.P.C.
2.A DAUGHTER CAN CLAIM SHARE IN THE PROPERTY OF FATHER PLEASE NOTE.
YOU MAY KINDLY SEND DETAILS OR WRITE OR CALL IN CASE YOU NEED ANY FURTHER HELP
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Sukhija (Expert) 31 January 2010
I agree with above views.

Raj Kumar Makkad (Expert) 31 January 2010
A. Yes.

B.Yes.

Himanshu (Querist) 01 February 2010
Thanks everyone for their valuable input.

Sachin Bhatia (Expert) 01 February 2010
Yes complaint u/s 498A/406 can be quashed immediately after first motion of Mutual consent divorce. Yes daughter can claim.

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