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Author Topic: How to get discharged from 498a when Mutual consent divorce Filed  (Read 3510 times)

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Offline aday

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Facts of my Case :
Marriage - Aug12 , date of separation/Filing of 498a/406/34 of IPC & 3and4 of DP Act - Apr13  Recvd Anticipatory bail from High Court , confirmed in lower court - Jun13
Streedhan returned in Jul13
Accused - Husband /Mother/Aunt
Mutual Consent Divorce filed in May14 , agreement includes clause to withdraw 498a case and also not to make any claim wrt alimony or any other cases in future.( No money have been paid to girl till date)
Date for Appearance & order for Divorce - 12-Dec-14 as per teh certified copy collected for Divorce application

Chargesheet collected in Aug14, no major findings except statement of dowry and mental harrassment given by people from inlaws side.

on29-Oct-14 , we filed an application in criminal court for discharge from 498a annexing the mutual consent divorce agreement ( which had the clause of withdrawl of 498a case and no claims), which was not accepted by judge and charge was framed to which we pleaded not guilty.
Criminal Court judge have given a date for Evidence of the girl-complainant on 12 -dec-14 same date as when the Divorce date is scheduled.
The girl only wants divorce and have no intention to withdraw the case.

My Question: If Divorce hearing happens first , where both of us gives consent and then in Criminal court , if the girl refuse to withdraw the case , what should i do and how should i protect myself to ensure i get divorce and also get free from 498.

If the divorce gets done and 498 still continues and girl does not withdraw, what is the way out.
Is it likely that Order for Divorce would be given on 12Dec14 or another date for order will be given ...My concern is to ensure that 498a also gets withdrawn and also divorce happens.
The girl and the family is not at all cooperative and not ready to discuss.
Please advice for me to get free.
regards and thanks for your advice

Offline advpriyaanand

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Re: How to get discharged from 498a when Mutual consent divorce Filed
« Reply #1 on: October 30, 2014, 06:41:53 AM »
How will u get mutual divorce if the girl is not willing?
Advocate Priya Anand,
Learned Counsel
Madras High Court

Offline aday

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Re: How to get discharged from 498a when Mutual consent divorce Filed
« Reply #2 on: October 30, 2014, 07:50:42 PM »
Hi advpriyaanand,

My question was on how to get the 498a quashed, the girls only intention is to get divorce, hence she has filed the MCD , with the undertaking to withdraw the 498a as a clause in the MCD agreement.
My concern is once divorce is done and if she does not withdraw the 498a, what measures do i have to get the 498a dismissed.
They are not ready for any discussions and the date for witness for girl and date for divorce order is on the same day , hence i asked what measures do i have in case she refuses to withdraw after getting divorce

 

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