Gaurav (Engineer) 29 July 2017

Can husband compromise if acquitted in 498a

Hi,

We have acquitted in 498a and wife has filed appeal against acquittal in session court and it is pending.

Session court has dismissed my divorce petition and filed appeal in chandigarh high court and it is pending.

Now, wife is demanding 20 lacs to settle down the matter and I am already paying maintenence 15k toward her and minor child.

Can you please suggest what I can do now ?

If I compromise then my appeal converts into 13B automatucally or I need to file mutual consent petition in session court.

Shall I compromise in this stage ?

Please advise.

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4 Replies

BALJIT SINGH 29 July 2017

if you do compromise then New petition under section 13b will be filed along with compromise deed between both parties. And section 498a and other will quash from high court with compromise deed and 13b copy .

Susen Nath 30 July 2017

Why u r making cases so complicated?

Gaurav (Engineer) 30 July 2017

I don't get sir.

Can you please further clarify ?

Adv Radhika Mehta (Advocate) 31 July 2017

I would advise you to settle the matter if payment of the aforesaid amount is feasible to you as indulging in unnecessary and prolonged litigation will not benefit anyone, neither you nor your wife and definately not your CHILD

Court can pass a compromise Decree in terms of Order 23 rule 3 CPC.