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Mani123456 (Engineer)     22 April 2010

Post 498a, precations in case of reconcilation


My wife says she still wants to live with me after filing 498a. she says I should give in writing that I would not beat her. She says she trust me. But I said how should i trust you. Still it is so painful to go for divorce after 6 year of

marraige, and I have son 4.5 year old. I am losing him as I just see him once in a week in presence of my wife.

I thought of getting interim or weekend custody but everything is delayed.

Now, my Lawyer is telling, in case she withdraw the case in high court and gives in writing that she will not

put 498a again in fure,it will be safe for me. He told she will not be able to go to poilce as they will not entertain

her and she will not be able to file 498a again.

  Is it true? What are the precautions I should take in case I agree for re-conilation? So that I do not face the same situation again.




 3 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     22 April 2010

How can she give such a writing that she will not file 498A case again in future ...... and do u think the High court will accept that ?

She can depose before High Court that things have settled between u and her and she does not want to pursue with the said case ... this is what she can say .... U on ur part can depose that u will not misbehave with her ....

S.B _Kolkata (Service)     24 April 2010

First let us know where r u from as 498a is a non-compoundable case in almost all states in our country. Means while once someone has filed the case, it can't be withdraw. Secondly, Is your wife putted false blame on you not? If yes then ask him to confess the truth in writting first, and reminder one thing that at any time before nullifying your marriage she can file the same again.

So beware of that and all should be in writting form before the court.

Best of luck

S.B _Kolkata (Service)     24 April 2010

Sorry it will be "ask her"...

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