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Seemaa Shrikant   24 November 2022

Mutual consent divorce

My sister filed 498a in 2005 in Mumbai. She got Mutual consent divorce in 2011. Her husband did not quash the case after mutual consent divorce. How to close the 498a case now. If my sister turns hostile in trial court based on mutual consent divorce,  can her husband file harassment case after 498a is closed

 



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 3 Replies

Real Soul.... (LEGAL)     24 November 2022

let her not press the case and remain absent from hearigs; let the case be dismissed by default for no evidance ; even though she appears in court and gives statement about the consent divorce that is not going to help her hsuband to prosecute her for anythng  regarding pre divorce.

P. Venu (Advocate)     24 November 2022

The best option for the defacto complainant is to approach the High Court under Section 482 CrPC.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 November 2022

Your sister could have done this. 

 498A complaint is withdrawn by the wife as a condition to go for Mutual Consent Divorce. if that has not been done, the husband can get Settlement/ Mutual Consent Divorce first wherein it has been agreed by the wife to withdraw the 498A complaint as part of the consented settlement.


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