Dear All,
Married on 17/05/2010, I have been charged with 498 A along with my mother and younger brother on 13/03/2012 i.e. almost 1.5 years back. Since then me and my wife are staying separately. All three of us got anticipatory bail from high court on 24/12/2013. No FIR has been lodged yet , it is a complain case filed directly in the lower court.
In the lower court the case is in the status of "Evidence before charge". Simultaneously, I have filed for Quashing in the High Court on 03/02/2013 but till date no hearing took place.
Now, my wife and in-law's want to compromise i.e. they want some amount and divorce. My wife don't want to live with me at any cost. By, seeing the sufferings of this last 2 years , I also want to get separated. But, the conditions that they are imposing are somewhat confusing.
They said that , my wife will make a statement before the lower court that both of us want divorce so till the finalisation of our divorce, the matter (498a) can be stayed at lower court. And once the divorce decree is passed and the amount (alimony) is settled, then she will withdraw her 498a.
So, I want to know, the correct (safe) process of settlement in my case as I fear that if after divorce whether she can still continue her case against me , even after signing the MOU in the mediation centre, and after giving her statement before the judge of lower court.
Also, is there any other legal way left with me other than to compromise, because my advocate has told that the case of my brother may be quashed but there is very little chance in case of mother.
Pls guide me.
