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postdivorce (none)     01 September 2009

what will be the court verdict??

My husband cheated me in marriage, used my money  over lacs of rupees and finally with great efforts agreed to give divorce, i decided to mutually settle the matter as he is a mental patients and gets fits as well which was hidden from us and is very difficult to prove as they are hiding it.

we have a daughter but he refused to give any alimony/maintainance i still agreed to divorce as i dont want to punish my asthamatic daughter(its a misery). My husband n inlwas are extremely greedy and cruel in nature and never came to see the daughter.

my question is-

after filing mutual concent he has withdrawn it on petty reasons and the court has not accepted his application. he requested the court to settle the 498 case aginst him and court passed such order to and told him to move the HC and i shall cooperate.

1) now he hasnt contacted me and the family court duration which was given to us for quashing 498a is over. what will happen on the next date then?

2)also after quashing 498 if he again refuses to sign divorce what will court do?


appreciate your kind response asap.


 5 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     01 September 2009

plz. explain more!

1-when u ragisterd 498A case?

2-what was d results?

3- what was d ground in mutual divorce pitition?

R.R. KRISHNAA (Legal Manager)     01 September 2009

First enter into a compromise agreement with your husband stating that you will withdraw the 498 case and your husband in turn agree for mutual consent divorce.   Ask your husband to approch the High Court for quashing of the proceedings based on the compromise. 

After the criminal proceedings are quashed and the case in family court is also solved, your husband will be freed from the criminal case (498) and you will mutual consent.  It is upto you to contact your husband and explain the necessity of getting the order from high court.  If it is not possible, you can mention the same to the family court judge and seek direction or advice to your husband to take steps effectively.

(your husband cannot refuse to consent for mutual consent after the proceedings under 498 is quashed)


sangeetachavan (Project manager)     01 September 2009

Mr krishnalegal, you have very much answered the question in the 2nd para.

But what i was trying to narrate is as following-

1) he has not approached me for quashing and the duration family court had given him is over by 2 dates.

2)i have complied with the mutual concent we had signed a year back and the ball is in his court now.

3) for some reason he doesnot want to divorce me( mostly because he cannot remarry due to his impotency) he has chosen to behave like a sadist despite being highly educated. and despite all the wrongs and all the goods on my parts. as i have not only forgiven him but also let go of money he had stolen from my locker.

4) now he's sitting on it date by date,

5) even if he approaches me for quashing for which i shall cooperate , its possible he may backout from siging the divorce OR forciblly try to negotiate undue compromise regarding access of my child ( basically he may pleade the judge to add few more clauses in the mutual concent) The child he has not paid any alimony/maintanance neither has he visited in past 3 yrs. Child doesnt even remember him.

6)he may sit on divorce and drag me as he doesnt want me to settle down( which i'm not planning either- but he thinks that way) I mainly asked for divorce as i dont want his influence on my life and i wanna put my parents name again( can i?)

7) what if he backs out from concent after withdrawal of 498A?? family court cannot pass a decree x partee because its a mutual concent right? please advise of what is history in such cases


postdivorce (none)     02 September 2009

I am still awaiting your feedback on my above question, the matter is urgent as its on the verge of an end probably....

R.R. KRISHNAA (Legal Manager)     02 September 2009

I have given a reply to you via personalised message. Please read it.

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