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help_divorce (SC)     14 September 2011

498 withdrawal

How can 498a be witdrawn? If husband agrees for mutual divorce and wife agrees to withdraw 498a in consent terms, is it good enough? Can the consent terms be used to withdraw 498a?



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 5 Replies

Sanjeev (Lawyer)     14 September 2011

what is stage of 498A is it FIR stage and no chargesheet or chargesheet presented. If chargesheet presented then file for Quash from HC no other way.

If FIR stage then basis your wife statement to police and her Affidavit police should file a closure report.

Kiran Kumar (Lawyer)     14 September 2011

go for quashing of FIR on the basis of compromise.

 

there have been various judgments by Hon'ble SC....in case of compromise between husband and wife in a matrimonial dispute then the FIR can be quashed on the basis of compromise.

help_divorce (SC)     14 September 2011

No charegesheet has been filed, however FIR has been filed and I was granted bail on the same day.

during divorce proceedings in the family court, i asked the judge whether the 498a case can be withdrawn if an operative order is passed for mutual divorce. The judge stated that 498a can be withdrawn on the basis of the operative order.

help_divorce (SC)     20 September 2011

Can somebody reply to the above query?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 September 2011

quash will be expansive  so you can do it in local court by expert management. Get a local advocate well versed.


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