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?
.
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.
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
Re: Divorce and u/s 498 A
already adviced you earlier. please dont make questions again and again. our reply will be same always
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.
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.
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,.
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Family law how a foriegn decree can be validated in india Asked 6/04/07, 7:37 am in India Family Law, Divorce, Child Custody and Adoption