Legal Question in Family Law in India
Dear all,
Q-What is the role of wife in joint quashing? Is it mandatory that without the affidavit of wife quashing application can not be filled in High court and High court would take any action against the wife for not providing her affidavit?
if wife is ready to appear on the date of hearing.
please reply sir.
2 Answers from Attorneys
Wife is the complainant and husband is an accused so the High Court would expect the wife to file an affidavit stating the she has settled her issues with her husband and is not interested to pursue the FIR ,therefore ,should be quashed.Without the consent of the wife the High Court will not quash the same.
in case it is a joint quashing, the wife s consent is mandatory. in case she does not appear before the court on the date fixed for giving her consent for quashing, the petition may fail.
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