• 498A, mutual consent divorce

My 498A case is pending in session court as 313 section is there,now the case is at hearing stage ,proposal for settlement come from opposite side so the matter was sent for mediation .I'm having 13 yrs son so under certain terms I accepted proposal for settlement for mutual consent divorce and withdrawal of 498A.Now session court is pressurising me to give hostile witness. Next short date is given , both courts have same date. I'm very much worried if I'll give my witness and husband not give maintenance for my son?is it compulsory to give hostile witness only?please help ot
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

- If you will settle the case for mutual divorce , then as per law , your husband will have to quash /cancel the FIR under section 498a from the high court. 

- Session court has no power to quash the FIR , but it can conclude the case finally, and due to why the court is asking for hostile .

- No, for a mutual divorce , the court cannot press you for the same , you should refuse to proceed further.

- If, you are interested to settle the matter , then firstly prepare a mutual understanding agreement or try to take help from mediation , and thereby put your conditions ,like sons maintenance etc. 

- If, the mediator will settle the matter , then your husband will be bound accordingly. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You have accepted proposal for divorce by mutual consent 

 

2) since you have agreed to withdrawal of dowry harassment against your husband no harm in giving hostile witness 

 

3) you can insist that husband deposits alimony amount in family court 

Ajay Sethi
Advocate, Mumbai
94736 Answers
7539 Consultations

5.0 on 5.0

Insist that alimony payment be deposited in family court before you give hostile evidence 

Ajay Sethi
Advocate, Mumbai
94736 Answers
7539 Consultations

5.0 on 5.0

Seek an adjournment in family court case 

Ajay Sethi
Advocate, Mumbai
94736 Answers
7539 Consultations

5.0 on 5.0

As you have accepted for settlement for MCD there is no harm in giving hostile witness.

You can insist your husband to deposit the agreement amount in court.

Both are independent to each other.  In order to close the 498-A you need to approach high court to get it quashed.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

See you can take care in 498a case on some grounds and further can first ask for maintenance from the husband. Then only give witness or don't be hostile if husband pays the amount go for consent quashing before the high court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See family court is not connected to.criminal matter so it will.grant mutual.divorce of both parties agree on it . Also agree for mutual divorce if he pays complete.amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No it is not necessary family court may grant divorce.

Take date in 498a case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Well, take postponement of the date till the final motion of the mutual divorce occurs.

2. Only after final motion get the case quashed through high court or get him acquitted by hostile statement in the trial.

3. You can not waive the maintenance of the child though you can do so for yourself.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

If the matter has been settled between you by an agreement reduced to writing with the conditions that have been agreed by both, then there is no harm in becoming hostile to the witness deposition.

If you dont turn hostile then this case will not come to an end and you may not be able to get an amicable settlement in the near future.

You may get everything in writing so that he do not wash away his liability at a later stage.

 

 

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

The criminal court in a sessions court has nothing to do with the divorce case in the family court.

You dont get deceived by false information.

However if you dont turn hostile witness, then the 498a case will not come to a conclusion

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

You can inform the family court about this and they may post the hearing to some other date.

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

1. Instead of turning hostile you may go for quashing of FIR in the High Court.

2. Turning hostile is fraught with the risk of your rights and remedies being defeated.

3. Mutual Consent Divorce can be filed and a compromise based quashing petition can be filed in the High Court thereafter.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can  go to high court for quashing on basis of  compromise without being hostile. The way of hostile witness is a method to nullify the effects of the criminal case after compromise as the said cases are non compoundable. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

If you want to settle the matter then you have to give hostile evidence in court.

But you should avoid giving evidence till filing of mutual divorce petition. 

No you can avoid giving evidence til filing of 13-B petition. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If opposite side is not ready then how can you become hostile and settle the matter. Even for becoming hostile witness you need proper consent and settlement. Without the same you don't have any choice other than going in with the trial

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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