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Successfully fighting with 498 (MANAGER)     30 December 2013

What if wife not co-operated to withdrawn 498a case after mc

Dear All,

My wife filled 498a case on me 2 years back, later we compromised and applied MCD.

Second motion of MCD pending due to non-availability Family court judge.

And now she is saying that she will withdraw 498a case after MCD only.

My doubt is “what will happened if she is not co-operated to withdrawn”, is it possible to quash from High court based agreed T&C mentioned in MCD.

 4 Replies

K*I*L*L*E*R (tech)     30 December 2013

What was mentioned in mou, did it mentioned that fir will be quashed after second motion or before second motion 

When was ur first motion happend ,

Adv. Chandrasekhar (Advocate)     30 December 2013

If in MCD, that clause is there that she would withdraw before second motion, insist her to do so.  If she does not then you request her.  Even if she refuses, then also you go for MCD,  After MCD, if she withdraws, it is well and good.  Otherwise also, once she gets MCD, she loses interest to give evidence in S. 498 A.  If allegations are not so severe, even after her evidence also, it is one out of thousand, that divorce husband will be convicted for section 498 A.

rachitsinghkushwha (reviewer)     30 December 2013

dear friend,

it seems your wife only motive is to harass you nothing more. taking dowry is basic offence and giving dowry also. file law suit on her that she has filed wrong fir u/s 203, 511 ipc. 

husband should not sit silently, there are legal ways to show her defeat put example for others. sec 498 a survivors did good job in educating innocent people. so its duty of each 498a victim to get his case proved in court. patience of few people may save life of others may be your brother in years to come.


Jai hind

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

A  condition for MCD that she will withdraw her false 498a case but she failed to comply, what to do now? Your MCD case is not over yet, so why dont you wait until the MCD is decided(?), without given her the chance why do you jump into wrong conclusions impatiently, there are lot of other ways to tackle the 498a case, if she is not withdrawing the same through police, you may contest the same with the valid evidence in your possession namely the MOU/T&C for MCD, this will go a long way to prove her wrong intentions behind the said criminal complaint against you, you can be set scot free easily.allow the time to answer.

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