• I have filed a FIR of 498a, dowry protection and 504

Hello All Mine is a genuine dowry case. My in-laws and husband abandoned me and my 5 months baby in hospital and absconded. I filed NCR and there mobile were switched police told file FIR. I filed FIR which had 498a, DP and 504., immediately my in-laws and husband took AB. I also filed complaint in women commission. So they told to go through counselling. While counselling my in-laws and husband told they do not want me but in written statement they have given that if I take back the cases my husband will keep me and my child in separate house. Are they playing drama again ? I also have filed DV case and notice has gone to them but they are not taking it as well. Can you please suggest on how to deal with this scenario now. Should I take back the cases and trust him?
Asked 6 years ago in Family Law
Religion: Hindu

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18 Answers

You can enter into MOU for settlement of disputes 

 

2) it should provide that husband would not make any demands for dowry 

 

3) provide separate house for you and child and pay x amount as maintenance 

 

3) that you would agree to cooperate in quashing ofFIR in  HC 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. You have already filed  498A and DV Act. Once bail is obtained then husband and his family members do not feel the heat anymore in 498A unless and until the court holds them guilty at trial. Now you have to prosecute your cases on merits.

2. Whether or not you have to trust them is your personal decision. It may happen that after withdrawal.quashing of cases they may again harass you.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

See they are just doing this to get away with the cases you can proceed with your FIR. See in case there intention is not right you should not withdraw the cases .

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can without withdrawing cases in case there is difference then you can withdraw simultaneously in case they remain same proceed with all cases and seek maintenance also for you and your child.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are being provided separate accommodation 

 

2) litigation is long drawn and expensive proposition 

 

3) DV cases take 6 years to be disposed of 

 

4) 498A cases 10 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Don't take any case back and file maintenance case under section 125 CrPC

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It would be your sole decision to trust him or not. You are best person and in best position to form an opinion in reposing faith in him once again.

In the event of reconciling with your husband you should not withdraw the cases first. Even during the pendency of the cases you can go and stay with your husband for some time. This is essential to know his actual intention.

Once you  find everything in place you can later withdraw the case.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

If you trust them and take the cases back and they start the same behavior again then the case filed by you will be a weak case and they will say before the court that you have the habit of filing the cases. 

 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It will be better if you first analyze the situation for your self and then take the case back from the police. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

- Since , you have already lodged your complaint under the provisions of D.V.Act , and there are FIR u/s.498a/504/34 IPC , then you should not worry for the consequences . 

- If, you are intersted to continue your matrimonial life with your husband , then before withdrawing any case from the court , you should mention before the court , that for a particular time , you want to check their behaviour after accompaying with him.

- Further, if you found ,every acts satsifactory, then you can settle the matter of dispute any time as per you wish.

- Further, No magisterate has power to finish/quash the FIR under section 498A/504/34 IPC ,.except High Court, hence you will have much time for your decision.

- In future , you have right to refile the cases also , specially D.V.Act and maintenance case under section 125 , if they repeated the same offence one again. 

- Otherwise, you can proceed the cases for its merit , but the decision of the case will take much time.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

You can file a joint memo in the court seeking adjournment of 3 to 6 months, so as to enable both the parties to reconcile. (Court more often than not, will give time as requested)

If you want to take a chance, you can withdraw the cases, with a condition that, if they misbehave with you, you will take steps to restore the said cases.

In both the above scenarios you need to convince both the court and your counter parts.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Nops, cases should be withdraw only by submitting settlement in writing in court with he liberty to file afresh if husband backed from commitment.

Before withdrawing ask them deposit good amount in your account. Don't insist for separate house by yourself, otherwise usband will get valid defence that you are forcing him to stay away from parents. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You have several options. Normally divorce petitions filed by husband will be rejected. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

 i would like to suggest you to talk with your husband and on the basis of compromise you have to withdraw all of the cases lodged by you against your husband then only you may live with your husband peacefully. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

No you should not take back the case ask your Advocate to take long dates so that in between that period you should return to your home and check your in-laws behaviour towards you. 

You can also file a case for maintenance under section 125 CrPC

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you want to stay in separate house file consent terms on mediation of DV and get the alimony and house for you and child and get separated. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

You have yourself expressed that they are playing drama then how can you trust their words?

You may not trust their words to withdraw your criminal complaints against them.

Until there is no hold on them by way of pending criminal cases they will not come for any compromise, they will abandon you totally and you will be left destitute.

You can file a maintenance case also for you and your child besides DV case

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You pretty well know that they will again torture you which may be a risk to your life as well as to that of your child, you may better not trust them so soon.

You can remain silent about this at least for another 6 months after which you can jump into more vigorous actions against them to get releif.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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