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Ajay Kumar Murthy   14 February 2024

Ex wife not withdrawing 498a case, even after agreement made in family court at the time of divorce

I got divorced in June 2023 by mutual consent. Agreement was made such that i will give half the amount after decree of divorce and other half will be paid after withdrawing of 498a case.

The first half was paid by DD at the time of decree.

I am divorced now.

As per agreement, now my ex-wife is not withdrawing the 498a case in trial court.

First two hearing she did not appear before court, she was issued NBW.
She appeared on 4th hearing.

Each and every time she is coming up with vague reasons and delaying. 
The vague reasons are.

1. I will not lie that the given case is false.
2. I will only withdraw against my ex-husband, i will not withdraw against my in laws.
3. Ask him to go high court and quash it.
4. I want him to be present, then only i will withdraw.
5. I have joined new job, i cannot take leave, i want long date.
6. She did not appear, by reason feeling well.

Now she has delayed without withdrawing for more than 8+ months.

Because of her we had cancelled DD three times and had to take newly and pay charges
I am incurring loss of pay, lawyer fees etc...
Mainly there is no peace because of her, even after the divorce.

Please guide me on how to punish her for the mental harassment she is giving to my family.
 



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 2 Replies

SAM (LEGAL)     14 February 2024

You made a big mistake of paying half amount first. You should have paid full amount only after quashing FIR in High court and not in trial court. Now you tell her that the other half amount she will get only when the FIR is quashed in High Court or else she will not get other half amount. 

T. Kalaiselvan, Advocate (Advocate)     14 February 2024

She cannot withdraw the case in the trial court because it is not a compoundable offence.

If at all you want to get rid of this case, then you may have to approach high court with a quash petition  to quash the criminal case on the basis of the mutual consent divorce and one time settlement amount by producing documentary evidences.

High court will send her summons, if she do not turn up before high court then the court may decide in her absence on the basis of documenatry evidences and merits. 


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