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N Omprakash   07 October 2025

Mutual consent divorce

498A case, accused convicted. Gone on apeal. In the meantime, proposed mutual consent divorce. How to go forward. What will happen to the conviction. Can appeal be withdrawn. 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     08 October 2025

The conviction will not be set aside just because you are going for mutual consent divorce.

You have to fight it in appeal and get it set aside and acquitted.

If this was before the disposal of the case by the trial court then at least you could have filed a quash petition. 

P. Venu (Advocate)     08 October 2025

Who has proposed mutual consent? Is the other spice agreeing? What are the terms, if any?

kavksatyanarayana (subregistrar/supdt.(retired))     08 October 2025

The accused filed an appeal, which the court should set aside.  Mutual consent means is your wife agrees to it,  if so, on what terms and conditions.

Dr. J C Vashista (Advocate )     09 October 2025

Get the appeal case forwarded to Mediation Centre of the appellate court and get the terms endorsed in mutual consent divorce.

You should consult your lawyer who is well aware about facts of the case, an intelligent, able and competent person to advise you properly.


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