on 498a of ipc

pabba sandeep (Querist) 23 August 2008 This query is : Resolved
can we file a fresh 498a petition if we withdrawn it before for purpose of compramise for mutual divorce...

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SANJAY DIXIT (Expert) 23 August 2008
In my views NO.
Pls tell us why you want to file it again. Whether the divorce decree passed or not?

Srinivas.B.S.S.T (Expert) 23 August 2008
If after withdrawal of the complaint and before filing mutual divorce petition, both the husband and wife lived together you can file a new 498-A as the same is continuous offence. But why you want to file a fresh criminal complaint? once the matter has been compromised you better go ahead with that and settle the matter amicably. Regards Srinivas BSST

K.C.Suresh (Expert) 24 August 2008
Whether it is compromised. The querry lacks clarity and details. Pl repeat the same with more facts

deepak kumar (Expert) 24 August 2008
second complaint is not barred but the factum of withdrawal of first complaint should be mentioned and the reasons necessiating filing of second complaint

advocatesdiary.blogspot.com

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 August 2008
I am agree with Mr. Deepak. But if u r residing alonwith the ur husband then u can also file a complaint under domestic violence Act. Further I need more facts to make ur querry more clear.U can contact me at:
rakhibudhiraja@gmail.com
Mb. 9871158578, 9711364956

kumar sachin (Expert) 24 August 2008
first tell whether divorce decree have been passed or not
and what was the ground for filing divorce petition.

K.C.Suresh (Expert) 25 August 2008
Dear sandeep, you give the full details then only the forum can give an answer.

anantha krishna n.v. Advocate (Expert) 26 August 2008
if the complaint is withdrawn without stating the fact of mutual consent divorce then you are estopped from filing a fresh complaint on the SAME CAUSE OF ACTION.

You may file a second 498a on fresh cause of action.

Non cooperation to mutual consent divorce does not fit into the definition of 498a.

regards

anantha krishna n.v.( Advocate, AP High Court, 9246531895 email: ananthcourt@rediffmail.com)

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