Upgrad LLM

post 498a case

Engineer

My wife has not taken 498a FIR back. Her mother and cousin  has given statement against me

in police station. She is not have any regret over whatever she has done. I have filed a divorce

court case against her with no option left in life. She did not even prefer to talk to me in last 6 months of the case.

And I am not able to see my 4 year old son at all. She has been behaving very cuely.

 However for sake of my son( I love him a lot) , I still do not want to fight with her. There will be counseling

for reconcilation for divorce case now. What terms and condition I should put before her?

   I understood it is better to take divorce for sake of my safety now. And I can help her in raising up my son.

I can not imagine to live with her due to my safety. Still, I do not have any bad feelings for her to harm her.

So if she gets ready to take divorce by mutual consent, can 498a case still survive? And what conditions I should put on her in front of court? In case she is ready for re-concilation what should I do? Presently she tells me for sake of son come to me and igonre FIR and court case etc.

Regards

Mani

 
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Medical Value Travel

1. Which State in India the S. 498a IPC is filed ?
2. If it is not AP then she can't take the FIR back it has to be quashed only at State HC.
3. You have not mentioned if her "offer" for you to come to her is genuinely from her heart or for the sake of the only child between two. There is a difference here which to be pondered by only you two.
4. If she is ready to make statement for MC D then one of the agreed conditions which you should insist for first motion is that she will help you as co-petitioner  to quash S. 498a IPC first and Order Sheet of Quash will be filed by parties at the time of second motion and not after Divorce Decree by MC is done.
5. Following above way the sword of S. 498a IPC is removed and both of you are happily parting company.
6. However to make her agree for MC D I see element of money compromise missing and same needs to be discussed in reality between you two which will come into Agreement conditions for MC D.
7. Consult a experienced Family Court Adv. and take his/her services accordingly based on above suggestions.
Rgds


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you both jointly file an application to wash the 498a before the magistrate, where the 498a placed. he has the power to stop the case, the otherway is to start witness immediately and yr wife will tell in witness box  that you both come to  an understanding for the sake of the child and she has no complain against you, then also court will stop the case.

if then also mazistrate do not stop the case, you may file, petition under sec 482 for quashing.

 
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Engineer

Hello Mr. Arun,

I would like to know what do you mean by point (2)? Do you mean to say that if 498a is in AP then FIR can be taken back? If FIR taken back then what things may happen?

Please clarify. Thanks

 
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Medical Value Travel

1. means she can withdraw her FIR. If she does so then no charges pending against you based on her withdrawing the said FIR.
2. same is the position in Maharashtra for S. 498a IPC
Rgds
 


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Engineer

Thanks Mr. Arun. Could you please let me know that;

1. How do I know that she has withdraw the FIR?

2. If she withdraw FIR, can she resubmit it with modifications?

Thanks and regards.

 
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