FIRST OF ALL, I WANTS TO GIVE THANKS TO ALL THE MEMBER THIS WEBSITE BECAUSE THIS WEBSITE MORE & MORE HELPFUL TO SATISFY QUERY AND TO INCREASE KNOWLEDGE. I HAVE ONE QUESTION REGARDING FAMILY MATTER. 1. WIFE FILED CRIMINAL CASE UNDER 498A AND 406 IPC BUT AFTER A FEW MONTHS SHE FILED APPLICATION BEFOR STATE WOMEN COMMISSION FOR RESTITUTION OF CONJUGAL RIGHTS . HUISBAND SAID BEFOR STATE COMMISSSION THAT HE WANTS TO RESTITTUTE HIS MARITAL LIFE ONLY IF HIS WIFE WITHDRAW THE CRIMINAL CASE. IN REPLY WIFE SAID THAT SHE IS READY TO WITHDRAW BUT FIRST HER HUSBAND RESTITUTE MARIATAL LIFE WITH HER . LATER HUSBAND DENIED TO KEEP HER. LASTLY STATE COMMISSION SAID THAT UNLESS CRIMINAL CASE UNDER SECTION 498A IS PENDING WE CANNOT DECIDE ANYTHING , SO THE WIFE'S APPLICATION FOR RESTITUTION OF CONJUGAL RIHGTS HAS BEEN DISMISSED. SHE IS READY TO WITHDRAW THE CRIMINAL CASE BUT HER ADVOCATE SUGGEST HER THAT SHE ALONE CANNOT WITHDRAW THE CASE. 498A IS NOT COMPOUNDABLE. CHILD IS LIVING WITH HER MOTHER. WHAT WIFE CAN DO BECUASE STILL SHE WANTS TO LIVE WITH HER HUSBAND AND HAS ONE CHILD OF 11 YEARS OF AGE ?
When any matter pending before any judiciary no institution should conduct matters of said nature as same become subjudice and institution is not authority beyond judiciary hence unless 498-A is disposed off matter should not be entertained by else. IPC 498-A is non-compoundable, but at the time of oral evidence one can change his/her statement deposition before court and court will disposed of matter accordingly. Also parties can submit joint petition for compromise and a bond can be given before magistsrate for no cruelty in future. You can live together and dischage your duty of conjugal rights under Section-9 of Hindu Marriage Act.
The State Commission for women is not the competent body to entertain or to dismiss the petition for restitution of conjugal rights. The appropriate course is to file the petition before the family court / Additional District judge. You, please do the same. After filing the petition, the judge's first responsibility is to counsel both the parties and there he can apprise the husband without insisting of withdrawal of 498-A, take back the wife and once they start to live peacefully for a period of time, both can move the High Court for quashing the proceedings under Section 498-A, as this case is non-compoundable.