sunil (accounts asst) 30 May 2016

Mutual consent divorce and 498a

My brother has filed a petition for divorce under cruelity in Nov.2015 his wife after receiving the petition has filed a fake complaint under 498a at her home town date of FIR 2nd Dec.2015 we received anticipatory bail meanwhile during counselling sessions at the family court she agreed for the divorce by mutual consent as she came to know we have all the evidences against her and divorce is sure and she cannot fight 498a case because of those evidences. In this regard I have the following questions-

1. Charge sheet of 498a still not filed its almost 6 months now from the date of FIR what is the time limit of filing the chargesheet?

2. How she have to withdraw the complaint filed under 498a?

3. what precautions we should take in MCD agreement?

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2 Replies

Q Slinger (NA) 30 May 2016

1. 3 months as per rules, but I have seen CS being filed even after 1 year.

2. SHe will have to file a petition in trial court requesting the FIR should be cancelled. Or alternative is to ask the PS to file a B report. If CS is filed, then you can approach High Court uncer 482. (quashing)

3. Make sure it is air tight, like no future liabilities on the husband side, she will withdraw all cases and won't file anymore cases. All financial transactions should be done thru DD's only. No cash tranaction. There are plenty more so approach a good lawer.