Need desperate help

@ Ravinder Sir,

I got your e-mail, however it looks like you have send me someone else's suggestions, the place and the matter you mention does not match with my case. Please check. This is why may be i dint receive your e-mail initially. Please be kind enough to answer my query you may refer to entire chat conversation in this forum..... Looking forward to your reply.

Thanks in Advance.

check up sarlraj@yahoo.com.  As I am busy in a urgent case, I would be come into touch with you after two days.  Kindly bear the inconvenience. 

First of all be informed that case under S.498A cannot be withdrawn by the complainant.  It could only be quashed by HC or you should be discharged by Trial court during pre-charge Trial or acquitted after Trial.  These are the only ways you can come out of the case under S.498A. 

Thank you, this means the complainant cannot with draw the 498a case with high court ordering them to with draw this case, Right ?

HC does not order the complainant to withdraw the case.  If prima facie case is not made out, it can quash the FIR using inherent powers under S.482 of Cr.PC.

Hi @ Chandrasekhar,

Thanks for your reply...

After i applied for divorce which got dissmissed in family court i appealed to High court.... the dual beanch jurdge ordered as follows.

" The respondent shall withdraw all crimininal cases against the pettitoiner Husband and shall join him, the parents and brothers of the respondant shall not interfer in the maritial life of the petitioner"

we hope they forget the past and start a new life.

Please advise. 

Originally posted by : Sarvana Shekar
	After i applied for divorce which got dissmissed in family court i appealed to High court.... the dual beanch jurdge ordered as follows. " The respondent shall withdraw all crimininal cases against the pettitoiner Husband and shall join him, the parents and brothers of the respondant shall not interfer in the maritial life of the petitioner" we hope they forget the past and start a new life.   Please advise.

Nothing to advice as of the order.

She is required to withdraw all false cases against you and your parents etc.  Join you and lead a happy marital life.  Her parents/brothers/sisters are not to interfere in your marital life again.

Thank you,

But i dont want to live with her..... I am looking for divorce. If i live with her again she will do the same thing and maybe with more effectivly next time...  Please advise if i can file a new Divorce petition in lower court with all this allegation also help me to understand what will be the effects after she withdraws all the cases.

Thanks in Advance

Originally posted by : Sarvana Shekar
	Thank you, But i dont want to live with her..... I am looking for divorce. If i live with her again she will do the same thing and maybe with more effectivly next time...  Please advise if i can file a new Divorce petition in lower court with all this allegation also help me to understand what will be the effects after she withdraws all the cases.   Thanks in Advance

These are roll call people.

Why dont you ask them to come for settlement, give em money, you part with money, they part with you.

you get freedom back via MCD.

I Tried they want 50 Lakhs....... even in DV they filed for 25lakhs...

IS there no win win situation for me? 

@ querist

Many people do not do their math before getting in to divorce proceedings.

No doubt as one time settlement your wife might ask something huge according to your earning capability.

But most of them fail to understand, even if you part with money etc then you will be saving lot of energy, youth.

Pay them, and get rid of the headache for life.

Well said... But 50lakhs is a huge amount and it is no where near my earnings. This female files all false allegation for money and to hassel me.... and i in return panic and put all my life paying my debts to settle her off....  How good is this. I should have not married at the first place.... Now i am in trouble.

The High court had given its judgment in good wisdom.  You have appealed against an order of dismissal of your divorce petition in Family court.  The respondents would have presented their views as to why there should not be a divorce.  That rebuttal in itself is a kind of message that they wish the marital relationship to continue.  Though the HC did not rule in your favor in that appeal, it felt that if the respondents did not want divorce and contest your divorce petition, then they are duty bound to withdraw the criminal cases against you so that an environment is created for possible reunion.  However I doubt, whether HC could have given that kind of order because withdrawal of warrant cases by complainants is not allowed by law.  May be there is a direction in that order that police should allow withdrawal of proceedings against you on being supplied a copy of the order.

However you still want divorce.  But you should be aware that you are saved from other cases by HC.  To that extent you should be thankful to the HC.  The best course of action for you now is keep quiet.  Now you are out of troubled waters.  Be happy about it and spend time as if you are very happy about what happened.  They will be more in need to get divorce than you.  Now on same cause of action they cannot file another criminal case.  You do not give chance to them to file another criminal case by interacting with them again.  What is left for them is wait for them and apply for divorce.  When they apply for divorce, you suggest for mutual consent divorce or do not contest it and do not attend court proceedings so that they get exparte divorce.  She gets divorce, you get divorce it is one and same.  If she gets divorce, it is as good as you getting divorce. 

Thanks a lot MR Chandra sekhar,

This is a very helpfull comment. I want to add that the court has not ordered anything to police nor to the lower court the order is only for respondant, i can mail you the complaint judgment copy if i can get an mail ID for you... If you can go through the order copy and reply my that will be very help full.... i know i am asking for more. i am worried if their could be any after effects after they with draw these cases. the order was passed on 12september 2012.

You help will help me for further action.

Thanks in Advance

chandrasekhar.7203@gmail.com