Legal Question in Criminal Law in India

498a and mutual divorce
my sisinlaw has lodged a 498a agenst my innocent parents who nvr troubled or taken dowry, my brther stays in US he is engineer by profession.
case not yet strted she plan to withdraw the case and would like to obtain khula ie divorcee at her will.
can she withdraw the case and obtain khula in my brthr absence.
my sisinlaw has lodged a 498a agenst my innocent parents who nvr troubled or taken dowry, my brther stays in US he is engineer by profession.
case not yet strted she plan to withdraw the case and would like to obtain khula ie divorcee at her will.
can she withdraw the case and obtain khula in my brthr absence.
Can khula be obtained through power of attorney or authority as my brother is sending letter through notary with his id details etc. Question is my family is ready to sign for khula only if and only if she withdraw the case and she is ready to withdraw the case only if and only if attorney signs her khula papers. how to proceed with this bottleneck problem. she is forcing my brother to come to india but he's jst don't trust her.
she says she would like to obhtain mutual divorce through attorney. how long will it take for mutual divorcee.
please help me out

Asked on 3/03/09, 9:59 am

5 Answers from Attorneys

pramod kumarojha advocatepramodkumarojha

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Re: 498a and mutual divorce

Ex-partie divorce can be obtained.

Answered on 3/09/09, 10:52 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: 498a and mutual divorce

You may need to first arrive at a settlement with her; she may obtain ex parte divorce on the basis of that settlement; and may withdraw her complaint/charges. You may thereafter approach the High Court, if required, for quashing of FIR / criminal proceedings.

Answered on 3/03/09, 3:20 pm

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Pranav Desai PD Legal & Associates

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Re: 498a and mutual divorce

I believe both the parties should mutually agree on the manner of signing the documents i.e withdrawal of case and signing of Khula papers. You can consider sitting across the table and executing the documents.

However, I fail to understand that how are you going to obtain divorce without your brother presence.

Answered on 3/08/09, 11:39 am

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