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RCSH (NA)     31 October 2009

498A quashing - girl's presence required?

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?



Learning

 20 Replies

Kiran Kumar (Lawyer)     31 October 2009

its good that the matter has been resolved amicably.

 

you file the quashing petition immediately, on the very first date of appearance or hearing before the Hon'ble High court, you make her appear or let her counsel appear and they may give their reply on the very first date.

 

if the court does not take on record the reply on the very first date then seek exemption for her appearance on the subsequent hearings.

 

try to file the petition as soon as possible.....one more thing to add while filing quashing petition, also file the supporting affidavit of complainant alongwith the petition. (affidavit in support of agreement)

RCSH (NA)     31 October 2009

Thank you for your quick reply and advice. There is so much negativity between us now that we are not on talking terms. As such I cannot compel her to come before the court. Also, is a divorce decree required for the quashing?

Kiran Kumar (Lawyer)     31 October 2009

but without her reply the high court will not quash the proceedings, let all the proceedings to run simultaneously.

 

seek help of some local lawyer.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     31 October 2009

No Divorce Decree is not require, but your compromise deed is require and if it will be present on record then court can even quash the matter only on the appearance of her advocate.

Regards

adv.kamal.grover@gmail.com


(Guest)

Her presence is necessary in the court to quash 498A if any mutual understanding. Take assistance of a Advocate and file a petition for early disposal of the case.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 November 2009

If you have compromise deed signed and on second date if she appears alongwith her advocate and admits before court about compromise thereafter her precense is not necessary. But in worst, if her counsel appears and police also submits the genious of compromise deed then also it will be done.

Regards

adv.kamal.grover@gmail.com

kasarlashailaja (housewife)     01 November 2009

how much time will it take for final jedjment in 498a.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 November 2009

Ms.Kesar, for 498A, there is no time limit it may go for years.

Regards

adv.kamal.grover@gmail.com

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 November 2009

But after getting compromise, court will quesh it in two or three dates.

Regards
adv.kamal.grover@gmail.com

sonu avanth (housewife)     02 November 2009

May we get back our dowry (our money)and other things in 498A case

sonu avanth (housewife)     02 November 2009

what is section 13B.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 November 2009

In 498 A case, Whenever the accused appear before court, then sometimes court did not grant bail till they did not return dowry article that is the only way else no chance.

Regards
adv.kamal.grover@gmail.com

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 November 2009

13B is mutual divorce

sonu avanth (housewife)     03 November 2009

please explain  about 13B section.


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