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NK bisaria (oc)     01 June 2012

Allowed in law

 

Respected all Vakil Sahab

 

A case under section u/s 498 lodged by a khokho (name changed) against her husband and in-laws, eight year back.  On one day of hearing she said he wants to withdraw the Case and wants to stay with family.  She was advised first withdraw case than you are welcome. Accordingly next date of hearing on a very short interval was taken. But on that day her lawyer said first my client will stay with her husband for a month and later, than she will decide to stay with her husband or not.  Is this has any approval/sanctity  in law.

 

All opinions are welcomed 



Learning

 1 Replies

Tajobsindia (Senior Partner )     01 June 2012

With respect to sentiments of clients / spouse the name changed khokho means “without being touched”! Now see how apt this name change becomes while answering your query J

1. The nature of S. 498a IPC section should not be taken lightly during its proceedings to “have change of heart one fine day”! Legislatures and Women’s lobby worked hard to continue this IPC section and highly likely it would be diluted in near future.


2. Hence the best way is to get the criminal case quashed and rejoin only if husband and his side feels welcoming her and see what transpires between them for a month post quash. If continuation of cruelties as per meaning under S. 498a IPC are seen then she is at liberty to file fresh complaint case and this time it will not take so many years as per mentioned facts and instantly arrayed persons will be convicted thus purpose of “test” as proposed by Advocate and her side are solved one way or the other.


When criminal cases against spouse then Matrimonial life should not start with a sword over one spouse bed is straightforward reply to your query.  

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