• Compromise in 498A and domestic violence case

Myself, Mr. Amit Ghuse, from Amravati Maharashtra, filed divorce petition on the basis of cruelty and desertion against my wife Mrs.Snehal in Family court Amravati in year 2012. Finally I got contested divorce on the basis of cruelty and desertion on 24 april 2016. My wife submitted appeal in High Court Nagpur against divorce order but her appeal rejected due to office objection no. 3,4b,5,6,8,17,18,19,20 on dt 15/11/2016.
After I filed divorce case in 2012, she also filed cases, 498A in year 2014 and domestic violence case in year 2012. These case are pending in court. She never appeared in 498A trial till date. She appears in Domestic violence case only to receive maintenance amount of Rs. 4000. Domestic violence case is at the stage of her cross examination. 
Before her cross examination in domestic case, She now wanting to settle the matter by one time settlement amount of Rs. 500000. She is ready to withdraw domestic case and 498A case if settlement is successful.
So I kindly want help to know whether to compromise or not.
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) you should compromise and pay her Rs 5 lakhs

2)file consent terms in DV case wherein wife agrees to with draw 498A and other cases filed by her

3) you would have to file petition in HC for quashing of 498A case

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. If you are getting chance to settle the dispute then lack on it,moreso, if the terms in the context of money works in your favour.

2. So if the money is within your reach then you can go for it.

3. So file a petition for mutual divorce containing its terms and then settle the matr.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) it is advisable to file petition for quashing in HC of 498A case

2) in the alternative wife can inform police that settlement had been arrived at

3) police will file closure report ie B summary report

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

if there is an FIR regarding the 498A then quashing is mandatory otherwise not.

The complaint case can be withdraw but state case which are non-compoundable can not be withdrawn but can be quashed by HC based on Compromise between the parties.

It will be better to negotiate with her and try to give her minimum amount and settled the matter amicably.

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) The settlement amount in Matrimonial dispute differs from case to case based on the following criteria: Who is seeking divorce (husband or wife) Who is in hurry? how much ? (usually husband) What is the salary he is drawing? and his wealth & lifestyle Whether she is employed too? Who is going to support her if the litigation gets long drawn. Is she capable of handling the court case and her financial capacity to pay the litigation expenses How much she is demanding Her second marriage prospects Whether they have kids or not. Who's advice she is taking and WHO is negotiating the final settlement and his negotiation and counselling skills.

Filing quashing is not necessary. You can close the case in Trial court itself if matter is settled amicably.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

5.0 on 5.0

The domestic violence case can be withdrawn but the 498a case is not compoundable hence cannot be withdrawn at her will.

This case has to be tried by court by she stepping into the witness box, turning hostile to depose evidence, then the court shall dispose the case finding no adverse thing on the accused, and also for the prosecution not prosecuting the case properly, dismiss the case .

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

filing petition in HC for quashing of 498A case is mandatory or optional?

It is optional and not mandatory.

If she is ready and willing to turn hostile before trial court, then she may express her consent before the magistrate and turn hostile after which the court will acquit the accused.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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