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Victory (xyz)     24 October 2011


The girl filed false 498a case on her husband, they got bail for the accused and parents, later after approaching quash high court gave interim stay on parents and sister. The girl continued to call the accused and sends senti mail, love greetings showing her feelings, may be trap to make the accused write back which he never responded. Now girl's side want to settle mutually and forcing them to compel with the help of known police. Pls advice what to do now, whether to apply for divorce or mutually settle the case as they have the required documents to prove innocense of accused

Thank you sir


 4 Replies

M.Sheik Mohammed Ali (advocate)     24 October 2011

you must apply mutual divorce by way of court only then only its legal enforcement. before the mutual divorce you must ask withdraw the 498a case from court.

Alok Tholiya (self employed)     25 October 2011

It depends on what kind of evidence u have to prove ur innocence.

Dharmesh Manjeshwar (Advocate/Lawyer)     25 October 2011

well it is not mentioned as to what settlement the girl's side want .... settlement by way of divorce or reunion with the girl ..... it is the boy who has to decide now whether he wants to co-habit with ther despite all the problems raised by her and/or her parents .... if he still loves the girl and ready to live with her or if he has to divorce her .... in case both of u want divorce then a petition for divorce by mutual consent can be filed by them in court or else the boy is free to file divorce petition on other available grounds of cruelty desertion etc ....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 October 2011



Settlement on reasonable terms of the parties is always preferred than long court battles.





Shonee Kapoor


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