Legal Question in Criminal Law in India

section 498a

sir i (wife) filed 498a case on husband and inlaws. then after they got bail they asked me to withdraw the case as i was unaware that i cant now withdraw the case. i signed the mutual deed divorce paper and also they returned my belonging and the MONEY which he (husband ) took from me. i am not interested in maintenance. bcoz i belive in my allah. that Allah will do the best for me. i am going through hyper tension what is the end of my case.could u pls give me the legal advice. what should i do. i am affraid of this cross examination.


Asked on 8/19/08, 12:07 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: section 498a

You may ask the accused to approach the high court for quashing in view of settlement.

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Answered on 8/20/08, 1:21 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 498a

Ask husband and in laws to approach the High Court and get the case quashed.

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Answered on 8/20/08, 5:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 498a

Since you signed for mutual divorce papers, the matter ends.

there shall be no cross examination.

you will have a chance to decide if you want divorce or still considering refusal. You have a right to refuse divorce despite your having signed. The court will grant divorce ONLY after recording your consent by personal appearance.

there is nothign to fear; there will be no "Cross examination" the way you watch in Hindi Movies; it will be simple question and answer basically asking you if you want divorce or you want to continue living with your husband.

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Answered on 8/19/08, 8:28 pm

Re: section 498a

Thanks for referring an question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that you signed mutual consent divorce papers and also you r eceived your belongings and money taken from you. If you don't want to pursue your 498a case , then a petition for quashing of FIR can be filed to High Court under the provisions of CrPC . If your in laws don't prefer to file a petition before High Court then case will be decide by court on merits. Why are you afraid of cross examination , it can be advised well on after going through it.

In case you find any difficulty, please don�t hasitate to recommunicate your problem. All possible assistance will be provided you.

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Answered on 8/19/08, 9:40 pm


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