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sunil (Engineer)     06 June 2013

Vakalatnama in 498a

Hi all,

Got MCD year back, but the 498a is not taken back by my ex-wife.

In MOU clearly mentioned that she will take the 498a case back, but she is not taking back and cheated.

498a case has come to hearing 4 times, but i failed to attend it. Even my ex-wife not attended it.

I have a hearing on aug 21st, i am going to attend on that date. But it is not possible for me to attend on every date as i stay in abroad. So can i give VAKALATNAMA to my lawyer or my father.

Is it acceptable in 498a case after MCD has been granted.

Please help???


 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 June 2013

498A cannot be withdrawn.  Your wife has to enter the wittness box and has to turn hostile on the basis of the compromise.  You can apply for the pernament expemption.

sunil (Engineer)     06 June 2013

Thanks for the valuable advice.

If my lawyer attend the case on be-half of me, how lon will it take to close the case.

Manoj Kumar Jain (abc)     06 June 2013

5-7 years

dr.pawan rajyan (member and secretory)     06 June 2013

file for quash of 498a in highcourt on the basis of MCD.regards

dr g balakrishnan (advocate/counsel supreme court)     06 June 2013

yes you can give vakalatnama to your advocate explaining your reason by an aggidavit

sunil (Engineer)     06 June 2013

Thanks for the valuable advice.

She took 5 lakhs for divorse and case; but case not taken back.

So, if i file quash how long will it take; for the quash my presence is required??

Reformist !!! (Other)     06 June 2013

I doubt quash will not happen. If she comes in Witness box in HC, then only quash may happen. You can apply for permanent exemption.

and i doubt she will not come for quash and now the case is state vs you, so it will run with its pace.....approx 5 years.

You can try for quash but it hardly happens.....if MCD is already done.......

Why u not applied for quash when u applied for MCD ????????? Despite in ur MOU it was mentioned that she will take all her cases back, why were u sleeping at that time.....

Thats y we never advice people to go for divorce if 498a is going on............Divorce (MCD) shud b done only after FIR quash. Keep ur fingers crossed and try for quash....

sarath babu (ADVOCATE)     06 June 2013

file for quash in the High Court by asking her to stand in witness box, if shenot agreed it is better to go for Permanent Exemption. Yes your advocate can file vakalat with your affidavit stating proper reasons.  

Advocate Deepak Gupta (Lawyer)     06 June 2013

As per your facts you stated that - you cant present in 498a on hearing date in court , as per law if person cant appear on hearing date , nor any exemption file on heaing date , arrest warrant issue by court , your wife is complainant , so c only  once appear in court at time of her statement in court ( Examination- In - Cheif and Cross- Examination ) . Your case is only withdrwal when your wife become hostile .  If court grant you regular bail in 498A only then advocate appear on behalf of you , if court not grant bail , advocate cant appear on behalf of you . MCD( Civil)  and 498A ( Criminal)are different nature case , criminal case procedure is not applicable in civil case . On the basis of MOU HC cant quash 498A case .

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