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ram   13 February 2023

498a quash with affidavit of ex-wife

I am NRI (now Canadian passport holder, previously Indian citizen).

I was married to girl from India in 2017 and due to personal differences we had she went to India to live with her parents and filed 498a on me and my parents. Her gold is in a joint locker which is now freezed.

In 2021, after some mediation with a relative, she agreed to following in a written affidavit signed by her in below sequence:
1) she will take exparte divorce as I do not want to come to India with pending 498a...
2) her gold will be returned with my cooperation with opening joint locker
3) she will withdraw 498a by quash
4) advocate costs for points 1) and 3) will be borne by me and my parents

So, currently step 1) is finished. Advocate costs for her exparte divorce in India are borne by us and we found the advocate to do this.

Our advocate above is trying to reach her to coordinate steps 2 and 3...as we are ready to cooperate on locker to give her gold back and she needs to come to court once to give statement for quash. 

Our lawyer already filed 498a quash in high court. Judge gave interim orders to post in few weeks regarding the settlement arrived.

But ex-wife is now not responding at all.

a) Can we use the signed written affidavit given by my ex-wife for matters 1 to 4 above, to the attention of judge?
b) Can we ask the judge that her not willing to cooperate now is an act of fraud/cheating(420)..as we paid advocate costs as agreed above for exparte divorce...we are willing to cooperate to give gold from locker also just that we need the quash of 498a also needs to be done together in a coordinated way
c) the FIR is still in pending / under investigation stage with women police station

Please advise what is the best course of action now.

Is it safe for me to travel to India at this point as 498a is still pending?


 5 Replies

anubhav Bhatt   14 February 2023

Dear Client it's a case of Perjury if she signed over Affidavit and stated about the settlement then court have power to take action against her and I can elaborate properly once you brief me propabout your case so when you feel free call me.
Advocate Anurag
High Court
Mobile 9198889990.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 February 2023

The High court can quash the fir if the court is convinced that the person is innocent and falsely implicated. It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the section 498A of IPC is not attracted in the report.

Mohammed Kutbuddin Vohra   15 February 2023

what is the interim order passed by the Hon'ble High court?
1 Like

ram   16 February 2023

judge asked to serve notice to my ex-wife...our advocate served the notice but returned as person not existing here...basically ex-wife is not co-operating now

Mohammed Kutbuddin Vohra   16 February 2023

I understand, the same can be brought to the notice of court and let the court serve notice through the concerned police station instead. Moreover, my question was whether the court order specifically says that the further proceedings are stayed till the next date or disposal pf the case?

There are ways in and out of the situation based on the order of court and the material facts of the scenario. Please send me the order on adv.mkvohra@gmail.com

M. K. Vohra & Associates
Ahmedabad, Gujarat.

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