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Pkumar (technician)     10 April 2012

False 498a case and mutual consent divorce

Dear Forums Members,

My Wife has filed a false 498A case against me and my Parents
we are out on regular bail.

Now my wife wants to withdraw the case if i agree to mutual consent divorce and alimony amount of X lakhs.

Please guide how to proceed in this situation.

thanks and regards


 15 Replies

M.Sheik Mohammed Ali (advocate)     10 April 2012

where are you from ? if both are ready to give divorce than withdrawn the 498a case before the court, thereafter file mutual divorce petition, thats all if you want good advocate in chennai call my senior. Ramesh manikandan.9841786197.

Pkumar (technician)     10 April 2012

Hi Sheik,

thanks for the reply,

1) Is it safe to go for mutual consent divorce, when 498A case is still running ?

2)What to do, if she again files false cases after divorce like DV?(To Extract more money)

3)Can i file counter cases for False 498A case ?. Will i get justice?

thanks and regards



ravindra (Analyst)     10 April 2012

Hi PKumar

1)In MCD terms u can ask for withdrowing 498A and DV.

2)If she is not ready to withdrow 498A and DV and she only wants divorce  then dont go for mutual divorce.

3) After withdrowal of all the cases u can't file any counter cases.

4) If u want justice then u have to fight and it will take 6-7 years or may be more.


Ravindra Sonavane

Pranav S. Thakkar (advocate)     10 April 2012

Now, When Wife is agree with demand of Rupees 10 Lacks to withdraw complaint of 498 A. then think if it is suitable to u or not? Then divorce is second step. But that transection is as compromise. If u r agree then it is ok.!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 April 2012

if the settlement seems reasonable to you go ahead.


Otherwise fight the case on merits





Shonee Kapoor


1 Like

Shekhar (Proprietor)     26 March 2013

Mr P Kumar,

There should be no compromise in case of 498A & DV. Fight Till The end. Belive in our judicial machinary. The initial period may by tough. Belive me, later you will not repent for the decision. Even I have been harrassed by both 498A & DV, I Am fighting it out. No Compromise wahtsoever.





ashoksrivastava (scientist)     26 March 2013

Hi my suggestion would be to go for mcd if the amount demanded is justified as per your financial status with following 2 conditions: 1) get a proper compromise deed signed( study apex court judgement in ruchi agrawal's case for necessary points to be taken care of in such a deed) 2) ask your inlaws to transfer some property of sufficient value in her name so that after divorce she will not be able to claim the status of destitute divorced women unable to support herself therby laying claim to maint under crpc 125. this measure is essential as courts have repeatedly ruled that no compromise deed can deny any women her right to maint if such a deed goes against the social policy of any legislation. regards ASHOK

Shekhar (Proprietor)     27 March 2013

Dear Mr.Ashok Srivastava,

For the love & Affection and respect we shower on our spouse, we get in return the bachelor degree of 498A & DV. In wht fasion & why should we compromise and sign a compromise deed? The in-laws would not listen to any of our words. I got the 498A after 15 Years of Married Life and at the age of 45. Should I Go in for compromise? 2Years have already passed & Now I Am 47. My financial status at that time was very bad, and hers good.Now things have improved. Now I want them to taste the outcome of their activity, No Compromise for whatsoever reason, for breach of faith.





ashoksrivastava (scientist)     27 March 2013

Dear MrSHEKHAR you have got a masters degree and not bachelors{BURA NA MANO HOLI HAI} I will come back to this post tomorrow WISHING A VERY HAPPY HOLI TO ALL LCI MEMBERS regards ASHOK

ashoksrivastava (scientist)     28 March 2013

Dear MR SHEKHAR I can understand your anguish and pain as I got 498a after 16 years of marriage at the age of43. one should enter a compromise only if it suits him. each individual will have different conditions and will get 498a betrayal at different stages of his married life. normally it would be very difficult to win counter cases because husbands do not generally anticipate 498a and so do not have evidenceto prove their innocence. on the other hand wives meticulously prepare for 498a with the help of lawyers. In fact I had never heard of any thing like 498a before I got a call from IO.So I was caught totally unawares.If you have incontrovertible evidence you must not let her get off the hook lightly.but ensure that in emotions you are not unnecessarily increasing the pain of litigation for yourself without ensuring the same for her. For me best compromise deed is divorce without any payment and without with drawal of any cases. this ensures that I get rid of 498a wife and ensure a 498a free life. I do not want with drawal of cases as I would love to see my avowedly religious wife and MIL (witness) stooping low enough to do the impossible task of proving blatantly false charges.I have clearly told my lawyer that I SHOULD NOT GET DISCHARED WITHOUT THE CROSS EXAMINATION OF MY WIFE AND MIL. you may have "no compromise" better suited to you. it all depends on your mental makeup and expectations. regards and all the best ASHOK

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 March 2013

Indeed, every case and situation is different.


To settle or not to settle would always be a quandary, which has to be resolved by the person within himself.




Shonee Kapoor

Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Shekhar (Proprietor)     29 March 2013

Thanks a lot Mr.Ashok.

My DV Will end in another 3-4Months time. Next Move will be Sec 182 & 211. This will give them back what they have done to me. Lucky for me, entire police force at station kenw me as I myself am grandson of a police personnel. They let me off knowing that and knowing that I am closly associated with court regarding my business cases. Not even 1hr in custody. 498A has been chargesheeted, and bail taken. Now Moving for Divorce with desertion and Cruelity.  Hearing before charge will be last day of May. DV case 98% In my favour. Looking forward for good times ahead.




ashoksrivastava (scientist)     29 March 2013

Mr. Shekhar GOOD LUCK keep posting about your tryst with INDIAN JUDICIARY. regards ASHOK

Shekhar (Proprietor)     30 March 2013

Thanks For good wishes Mr.Ashok



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