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Gautam (Engg)     12 September 2012

498a compromise

Hello All,

                My 498a case is at Charge framing stage, my wife is asking me to rejoin marital life in her hometown away from my family, and she is ready to take back 498a case. But her parents and relative are not ready to settle the matter.

In the divorce case filed by me in family court, I asked judge to hold the divorce matter for compromise, they send us to counselor. My in-laws has pressurize counselor to not settle a matter because of which counselor giving negative feedback.

Counselor is forcing me to take back my wife without stopping 498a, and also telling my wife in front of me that don’t go with your husband.

I am confuse now what to do.

My Advocate given me suggestion that live with your wife and later on he will settle 498a in trial court.

I am having following queries

1. Do we compromise 498a in Trial court, if yes then how?

2. Do I live with my wife when 498a trial is going on?

3. How much time (months) will take to settle 498a

4. Any other option?

 Thanks in Advance



 2 Replies


1. 498A cannot be compromised in the trial court. It is non-compoundable. If the report of the IO indicts you and the court frames charge, you shall have to face the trial unless the HC quashes the case gainst you.

2. Pendency of 498A is not a bar to you living with your wife.

3. Cannot be predicted.

Ashish Davessar


Supreme Court of India

Punjab and Haryana High Court

1 Like

ABHISHEK B (Bekaaar)     13 September 2012

You are the best judge....whether your wife is serious about resuming marital life or is it just another another step to make your life even worse.

If both feel that all grudges, pain, hurt can be washed off the system, and want to trust each one can stop you two from staying together.

However, in such a situation.....if she is really genuine...ask her to give you in afidavit that the 498a case was can give her in writing that you wont initiate any proceedings in future against her.

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