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NK bisaria (oc)     01 June 2012

Leagally allowed?

 

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 recently she said he wants to withdraw the Case and wants to stay with her husband.  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

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 June 2012

s.498A is non compoundable offence so the case cannot be  withdrawn. The parties will have to approach the high court for quashing. However, this is the matter of understanding between the parties if the wife wants to stay with the husband and the husband is ready to accept her and there after they shall approach for quashing. But these "out of court arrangements" do not have any legal binding i.e she can legally continue the case even while she is residing with her husband...

NK bisaria (oc)     01 June 2012

thanks

Ratnesh kumar (Advocate)     01 June 2012

you are right archana that 498(a) is non-compudable section but courts have very liberal views in these type of cases because it had been guided by the apex courts also that all necessary action should be taken to save family so in view what bisasria is telling can we done.

Adv Archana Deshmukh (Practicing Advocate)     01 June 2012

I did not say that it cannot be done, bisaria asked about its sanctity in law, so I replied accordingly. A woman may go to her husband and still if she is not ready to quash the proceedings, she cannot be compelled to do so 'bcoz she resumed cohabitation'. Its more about understanding between the parties while the legal provision remains as it is.

manish (cdsdfasd sdf)     01 June 2012

@NK Bisaria,

You still havent learnt your lesson it seems. Even after 498a when you and your family must have been harassed by the police, judiciary and your nice wife and you want to take her back... Are yous erious unless you must have committed the crimes that she says..

She is still not serious to stay with you - if she was she would have gone for joing quash. She says she will stay with you for a month and see - cant you see she might file charges of rape or attempt to murder or unnatural s*x charges and what not... Beware!!!!!

Who ever has taken a 498a back and if she finds that you are still not ready to dance acording to her tune she will refile it and then you wont have any remedy left.. You will go to jail for sure.. Best of luck..

NK bisaria (oc)     01 June 2012

dear manish,

though i agree wth you. but it is for your she is not wife. i am fighing case for my client

NK bisaria (oc)     01 June 2012

dear manish.

though i agree wth you. but it is for your information she is not wife.

i am fighing case for my client
 

manish (cdsdfasd sdf)     01 June 2012

@NK

i hope you understood what I wrote. You being a lawyer should know what's going om now a days.. I guess the lady is trying to prepare grounds to get good maintenance and come in the good books of the judge. I know of a few cases wherein the husbands have taken back their 498a wife's only to land in bigger trouble. so please save your client and try to put some common sense in his brain. she is completely driven by her lawyer and has definite plans on your client.

rajiv_lodha (zz)     02 June 2012

The girls lawyer is befooling the boy. No such agreement shud be accepatable to boy..................he will be in a deep trouble. If the girl is true to her words she shud first get the case quashed, only then be allowed cohabitaion.

O'wise a risky deal indeed


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