Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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manju kb   09 January 2021

Very critical situation

Hello everyone,

My wife has filed a 498A case on me way back in 2015 and i have filed for divorce in 2017 which got dismissed in 2019  an then i had gone for an appeal at high court of karnataka, my wife is from andra pradesh..

the trial started in 498A case where magistrate mam suggested to go for a compromise because there is a child involved...i have a 5 year old daughter and asked me to get the case back from high court...and i had withdrawn the case from high court in 2020 june

After this my wife straight away told that she will continue her 498A case.....for that i asked my wife if she was not willing to come and join me then why did she tell the court to withdraw my case from high court...

Apart from this i asked my wife if she is willing to continue with the 498A case then gimme a mutual consent divorce for which she is not saying anything.....

what is that i will have to do....whom to approach.....


 3 Replies

Rahul Mehalwal   09 January 2021

Was there a condition that if you would withdraw the appeal pending in the High Court, your wife will take back the 498A case. If yes, then the statement to that regard must have been recorded in one of the orders in the 498A matter. If nothing of this sort was promised or recorded in the order then you can't make her take the 498A case back and you will have to go through the trial.

Hemant Agarwal ( Mumbai : 9820174108)     09 January 2021

AGREE with above Experts Advise.

Keep Smiling .... Hemant Agarwal

Dr J C Vashista (Advocate)     10 January 2021

It is decision of complainant to continue or withdraw her complaint, however, experts on this platform can not help.

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