Legal Question in Criminal Law in India

498A and Mutual Divorce
My wife file a 498a/406/34 IPc against me , my parents , Charge sheet submitted , Trail start on july . Now she is asking mutual divorce . Can I quash 498A/406/34 IPC through mutual petition , Should I submit divorce petition mutually before I discharged with IPC 498A /406/34

Asked on 3/14/08, 9:40 am

5 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: 498A and Mutual Divorce

If your wife is ready to withdraw her charges let her withdraw the same and then go for a divorce by mutual consent. If possible ask her to withdraw the charges before july.

Answered on 3/14/08, 9:53 am

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Vivek Mapara Vivek N. Mapara

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Re: 498A and Mutual Divorce

Yes, if understanding has arrived between you and your wife, then mutually divorce can be taken and criminal proceedings can be got quashed, through high court by filing petition under section 482 of Criminal Code.

Well if your wife has agreed to discharge you of the criminal charges, then you should submit to mutual divorce. Be sure your wife does not retract thereafter.

Answered on 3/14/08, 12:01 pm

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: 498A and Mutual Divorce

Let her withdraw the charges and then proceed for divorce by mutual consent.

Answered on 3/14/08, 12:38 pm

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Re: 498A and Mutual Divorce

It is advised that you firstly go for quashing of FIR for and then go for mutual divorce,so that your interest could be protected.For any other assistance contact with details,professional charges are applicable.

Answered on 3/14/08, 3:15 pm

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