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sanjeev rajpurohit   21 February 2026

Divorce application under 13(b) agreement for all these is given by son wife

I AM 65 YEAR OLD AND HAVE A ONLY ONE SON (1)MY SON WIFE FILEED A CASE UNDER (354 AGAINST ME)AND 498 A 406 AND 406 AGAINST ALL SIX MEMBER OF FAMILY.AND DOMESTIC VOILENCE AND MAINTENANCE
(1)NOW IN A RS 500 STAMP PAPER SHE GIVE A AGREEMENT TO WITHDRAW CASE UNDER 498 A AND 406 AGAIST MY SON AND PUT A APPLICATION UNDER 13 (B)1 ON 25.05 .25 AND TAKEN RS 350000/- FROM MY SON AND 400000/- YET TO BE GIVEN(TOTAL AMOUNT 750000/-)
NOW (A)SHE IS NOT COMING IN COURT FOR 13 B FOR SECOND MOTION AFTER REPEATED DATE WAS GIVEN AND (2)SHE IS ALSO NOT COMING IN THE COURT FOR 498 A AND 406 CASE NOT A SINGAL TIME SINCE FILLING THE CASE
(3)NOW PLEASE GUIDE IF SHE STILL NOT CAME IN COURT THEN CAME MY SON FILE A CRIMINAL CASE AGAINST HER


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     21 February 2026

Please note that she cannot withdraw the complaint under 498a clubbed with other sections of IPC because it is not compoundable.

Your son has to file a quash petition before high court to which she has to file an affidavit in person expressing no objection on the basis of mutual consent divorce.

If she is not turning up before court for the second motion of mutual consent divorce then the court will dismiss it after giving her time till 18 months.

Your son can then file a contested divorce case on the grounds of cruelty by adding this incident as a lastest act of continuous cruelty.

He can then file a recovery suit to recover the amount paid to her in advance.

You discuss with your advocate and proceed as suggested 

Dr. J C Vashista (Advocate )     22 February 2026

Same query has already been replied earlier, see original thread and avoid repitition, which is ridiculous.

vaibhav jain (none)     23 February 2026

Sir, that would depend on court in which your case is listed as far as i am presuming 13-B is a divorce case by mutual consent for this your wife has to come to court and say that she is taking divorce mutually and we would not want to proceed with the matter.

Secondly, an Application has to submitted to police station and court for-

a) withdrawing the complaint/ FIR

(b) withdrawing application before court  , if its district court+ Razinama has to be executed

(c) in case of high court 482 petition for cancellation of F.I.R + Razinama district court along with the Petition+ full & final settlement of money if any, agreed between the two

(d) Contested divorce as suggested by learned colleagues.

(e) defamation suit civll & criminal both can be filed

(f) always have a converstion with wife in presene of your lawyer

(g) wife not coming to court shows that she intends to linger on litigation, apply for exparte order along with attachment of property( if she has any)

(h) you can submit phone recordings as per supreme court judgement.

P. Venu (Advocate)     04 March 2026

Now that the divorce by mutual consent has come to a dead end, the only option for your son seek divorce on merits.

As to the criminal procedure examine the  possibility of seeking discharge or getting them quashed.


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