(Guest)

Need urgent advice

Hi, this post is on behalf of my friend. Following are the details of her case.... i do not know the every bit of info. But want to ask specific questions: 1. Husband filed divorce in March'2010. Couple were staying together that time. 2. Before notice was served to her...she filed 498a and after 2-3 months she also filed DVC. 3. DVC and divorce case are running. Cross examination stage for divorce case and witness examination going on in DVC. 4. Witness not able to attend the case as summons not reached to him. 5. Now my friend ( girl) got a job and earning 30k p.m. One guy has also proposed her. She wants to close the cases and come out. 6. She feels husband will come back on day, so confused what to do? 7. 498a filed on MIL,SIL, Husband and MIL;s brother. 8. Now, she doesnt want to go ahead with 498a, due to some guilt. Her husband is a programmer and he is jobless now. He got offer from some company in abroad. Becoz of 498a case got cited in his background verification. She feels guilty. 9. Now...if she withdraws 498a what are the consequences? 10.Guy is ready for MCD with good amount of alimony. 11. My friend says she will give freedom from 498a... but will contest divorce and DVC. 12. Lawyers says come out of all cases at once and start life new. 13. She feels he will come back...but thats we think next to impossible. 14. After getting job she wants to teach him a lesson and drag the divorce case. 15. Lawyer also says her case will get dismissed ( existing divorce case). But her husband will file new case for divorce on desertion and cruelity. 16. Now she wants to file RCR also. 17. But her mother told me to talk to her and convince her to come out of cases and remarry. 18. What will be the reaction from husband if she withdraws 498a... good or bad?? Will there be any hope of rejoining husband by that? becoz this is the last chance for her to try. All mediations and counselling failed for them. Please advice.

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6 Replies

LPRajendraKumar (Advocate speciatised in Service Tax) 06 February 2013

If ur friend wants to remarriage first she should get divorce decree. If she wants pleasant life it is better to comeout of all the cases by withdrawing the cases. Forget about her old husband and withdraw all the cases and to advise for new life.

If she wants to teach a lesson to her husband , it will cause 4 new problems also. past is past . pl come out from past and enter into new future

stanley (Freedom) 06 February 2013

On the basis of her complaint if charge sheet is filed by the police then trial will go on. she would have to give your evidence in the court. If charge sheet is not yet filed then give a restatement to the police that you don't want to continue the case and I want to withdraw the complaint. Even you can say at the time of investigation by the police . On the basis of her statment police will file B report i.e., false report. 498 A case is compoundable. In other cases like DV act etc.it can be withdrawn.I wish to pont out that normally false cases end up like this as it would difficult to put forth her evidence in court .

If husbands knows that she has got a job and is earning 30 k per month that he would change his mind for alimony , And as she is a earning she want get alimoney . As she wants to run divorce and DVC she is entrapping herself in her own footsteps and eventually would realise that she is going to fall in her own footsteps .

Your friend says that she wants to teach the guy a lesson by prolonging the Divorce case .As a matter of fact she will end up learning a lesson since with out Divorce she cannoct marry the guy who has propsed to her :-)

your friend seems to be in confused state of mind on one side she says she is being proposed by another guy and on the hand is looking at the hope of being reunited with her huband . Isnt this a confused state of mind ??

Her attitude of vengenance wont work since eventually her husband will get a job and work in india .

(Guest)

@ Stanley. No idea about charge sheet but all i know is 4-5 times they were called for 498a. Everyone got bail also. But why 498a is not running on a regular basis i dont know. She goes and attends only DVC and divorce every month, that i know. Leaving aside what she wants to with her marriage and boy friend for now. My query is she wants to withdraw 498a becoz of these reasons only: 1. One thing MIL is growing old and had knee operation. 2. SIL is 26 years she has to get married. 3. MIL's brother is from diff. city 4. Husband's is angry for 498a and not getting good jobs. She is thinking by withdrawing 498a she can win his heart and also family will think that she realised her mistake. Leaving that aside, her mother wants to know what about the legal implications if she withdraws? Will court ask her why ? and put some charges/cases against her? Will she loose chance of recovering her little gold and money also. Because to be frank joining husband looks rare possibility from boys side, so no hopes.

stanley (Freedom) 06 February 2013

Now i have to presume that they were called by the investigating officer and hence no charge sheet has been filed than she would have to go by the above suggestion which has been conveyed .498 A does not start since the chargesheet has to be sumbitted by the police to court only than does the case start .My instinct say that even if she does not have pity now on them the reason being that MIL , Sil and BIL must have grown strong and hard by now . When she has to prove herself at evidence stage all hell will break loose as it would be difficult for her to prove .

I presume she should not worry about the SIl as eventually she would get married . She should worry about herself as society would look at her as a false 498 A women and what are the chances that she would not file a false 498 a against the boy friend with whom she palns to get married to ??

Once 498 A is filed the humilation with which the family faces due to these arrests being made can she make up for all that and i dont know how she accepts her husband to accept her back in the family :-) . Your friend is making things worse for her by getting involved with a boy friend . Since her husband can file N no of cases .

(Guest)

Correct sir. Her lawyer says keep quite, he will get divorce case dismissed. And then if she wants to go for MCD. Let both of them remain like this, till husband goes to HC or files another petition for divorce. Or else take whatever money is coming now...go for MCD and say good bye to husband. We also suggest her the same thing, i.e to go for settlment of all her cases in one go. Her husband's lawyer says: " She has to withdraw cases, give in writting an apology and say that she is responsibile for everything that has happened, its her mistake" then her husband will think whether to join or not. But her lawyer says its foolishness to do that. Becoz...even if he takes and they stay together. Tomorrow again if they fight. She will loose the chance to go to court. As courts will presume that she is only wrong..becoz of her track record. So.. after lot of counselling she has only agreed for withdrawing 498a as of now. Hope she will progress from this stand and agree for MCD as well.