I got married about a year ago and I live in Bangalore. After the marriage I realised that there is a physical abnormality with the girl because of which we were not able to consummate our marriage. Also the girl refused to come to a doctor and her father himself being a doctor refused to intervene and cooperate. Ensuing this, the girl left home on her own will about 3 months later.
She then went and filed a 498A against me, my parents, my sister and a family friend who was acting as a mediator in this. I too filed a divorce petition in the family court just a few days before she filed the 498A. They have not filed any vakalatnama for the divorce case though they were served the notice. That case had reached the ex-parte evidence stage before the following ensued.
Now after about 6 months she has filed a domestic violence case against me and the same was referred to a mediation center here. Following sessions in the mediation center, we reached an agreement to separate from this marriage and there was no demand of any alimony from the girl's side. And they also have agreed to withdraw the allegations and cases made against us but since the 498A is a cognizable offence it has to be quashed through a court (this is what I was told). Following this my divorce case too has been bought before the mediation center. The divorce case will be expedited because it has come to the mediation center.
My question is this - Is the girl required to be present in the High Court for the 498A quashing through the 482 petition or is a no-objection clause in the agreement sufficient? The divorce will happen before the quashing and I've learnt that she is planning to go to UK. In such a case, the divorce will happen and if she goes away to UK she wont be able to come before the high court and, in effect, she'll be free but we'll be still battling the 498A. Any advice on how to tackle this? Also, does the agreement created in the mediation center legally binding on the participants?
