Legal Question in Family Law in India

Divorce and u/s 498 A

I am a govt. employee from from WestBengal and my

wife is from Asam . Due to

ego and adjustment problems

we both can not tolerate each

other and there were quarell,

beating, slapping etc. between

each other. Our marriage is only 14 month old and there

also some dowery problems

between the two family . Due

to all these things I send her to her parents house for

last four month and avoid to return her back . She threatened me to file case

against me in police and court. So in fear and as per advise of my parents I

in advance filed a case of

divorce against her for cruelity & mental torture at

Kolkata. When my wife heard

this she also now filed a case u/s 498 A against me for her defence at Asam. I am now on leave & hiding by admiting in a nursing home in fear of police action as I may loose

my govt. job. Now after discussion ,we both want to wthdraw cases and to settle.

What shall we do ? Both cases

are in different state?

.


Asked on 6/05/07, 7:06 am

6 Answers from Attorneys

Re: Divorce and u/s 498 A

Go for divorce by mutual consent and quashing of FIR.Consult a lawyer of your area.

Read more
Answered on 6/05/07, 11:26 pm
Nandita Haldipur Haldipur Associates

Re: Divorce and u/s 498 A

you can withdraw the divorce case and seek for quashing of the dowry case in view of teh compromise

Read more
Answered on 6/07/07, 10:01 am
G. M. Gupta gmguptaandassociates

Re: Divorce and u/s 498 A

already adviced you earlier. please dont make questions again and again. our reply will be same always

Read more
Answered on 6/07/07, 12:35 pm
Vivek Mapara Mapara Law Firm

Re: Divorce and u/s 498 A

yes it is better if u settle the case. In divorce petition, you only have to file withdrawal note, that u have settled outside court, and dont want to persue the divroce litigation further.

Now in regards to 498A compliant, it is requried to be know, as to at what state the compliant is pending. If the trial is started, then it is difficult to withdraw the compliant, because 498A is not a compoundable offence. So if the complaint is at preliminary stage of investigation, then ask you wife to withdraw as soon as possible. otherwise later it would be difficult to withdraw, and trial might have to be faced.

Read more
Answered on 6/05/07, 7:33 am
rajeshwar sharma rajeshwarnathsharma

Re: Divorce and u/s 498 A

You both have to record your statments in divorce case regarding mutual compromise in the court where the divorce case is pending and thereafter you both may file joint application for quashing the case if registered u/s 498A in the High court of Assam or if only the complaint is pending than your wife can withdraw the same. For further query contect me.

Read more
Answered on 6/05/07, 7:46 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce and u/s 498 A

(1) You have not mentioned about the settlement terms???

(2) Before settlment, let her withdraw the criminal case filed against you;

(3) you may better settle all the issues by signing a MEMORANDUM OF SETTLEMENT

(4) on this basis of this MoS, you may apply for divorce by mutual consent at any of the two places,.

Read more
Answered on 6/05/07, 4:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India