Legal Question in Family Law in India
Quashing 498A
My wife filed a false FIR against me and my family under section 498 A. I and my family had to seek anticipatory bail. Later she filed a divorce petition against me against grounds of cruelty and dowry demands (again false) which I contested. Now after some counseling and building pressure on her, she has agreed to go in for a mutual divorce.
My question is once the mutual divorce happens, how would the 498 A be withdrawn? I did some search on net and got to know that it needs to be quashed at the High Court. Who has to file the petition for quashing? Me or my wife or it has to be joint petition? And what should be the grounds for quashing? My wife says she will cooperate in quashing but nothing adverse against her should be written in the petition
5 Answers from Attorneys
Re: Quashing 498A
You need to file in the High Cout for the quashing of the FIR and your wife will have to appear before the court and submit that she has no objection for the same.
Re: Quashing 498A
you will have to file for quashing
Re: Quashing 498A
You need a lawyer anyway for taking care of all accomplishment of your divorce by mutual consent and quashing of 498A proceedings by the High Court. Please see personally after taking an appointment.
Re: Quashing 498A
Based upon the compromise, you may consider filing a quashing petition without any allegation against her; You may obtain her affidavit in support of the compromise.
Re: Quashing 498A
you need to file for quashing for which she can say she has no objection
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