Hi, My wife filed a 498a case in Hyderabad in Jan-2013, against me, mom and dad. Following which she has filed DV/Maintenance and 406 at her native place in Ujjain, MP in Oct-Nov 2013. Our cases have been going on since and she is working in Pune in IT firm. I still have her passport and documents with me and some jewelry. After 3 years, we have come to verbal agreement on some amount and her documents and agreed to file MCD. My lawyer is in US and I am not sure how to proceed. Her lawyer asked me to come to Ujjain next week and get Rajinama done and they will withdraw 2 cases filed there and get file MCD there. After that she will come to Hyderabad on next date of hearing and withdraw her case. 1. I am not sure how to withdraw 498a from lower court only. She has not even given her statement to the court now, maybe it is possible in that case. 2. If I given her in written that I'll give her amount and document on 498a, then its her right to get them even if she agrees or not to withdraw 498a here. 3. How I can save myself and my family from any futher tactics from their side.
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1) you should enter into settlement with your wife in writing wherein you return her jewellery and other articles
2) wife should agree for divorce by mutual consent and agree to cooperate in withdrawal of cases filed by her
3) file petition in HC for quashing 498A on basis of compromise recorded in writing
4) consult your local lawyer
Hi
If you and your wife sign the compromise deed and get the same registered in Ujjain court, that shall be sufficient for you to quash the 498 A petition filed by your wife at Hyderabad. No worries.
Just get the Compromise deed and MCD petition signed by both parties to your satisfaction and keep the original of compromise deed and MCD( Petition Certified copy filed by both the parties in the court ) with you. Once this is done, you are safe from 498A .
Your wife cannot harass you any further after the above is complied, even if she wants to continue the 498A case at hyderabad.
No worries.
Hope this helps
Hi
If both if you are agreeable for a mutual divorce you Should file the same in India either of the place of her or yours as per the marriage certificate and last reside were you stayed together or else place where her address is.
In the mutual consent she should agree that she will co-operate with the procedure of quashing FIR under Sec.498A ipc.
You have to file squash petition in the high Court under 482crpc ,her affidavit of compromise has to be filed to tell th court that she is settling the dispute in certain terms and filing MCD in divorce çourt.
She can't withdraw the matter under 498A as it is lodged via FIR but the domestic violence case can be withdrawn by her .Magistrate court/lower court can't quash the FIR so you have to approach high Court.
To save you from further trouble prepare a consent term agreeable for both of you, and file in court.
Get a good lawyer in India to make sure your part is taken care and She will not be able to make any claims against you and your family in the futi
Thank you all. Crux is - 1. I can go ahead with MCD and Compromise deed at her location. 2. Then I can file a quash petition in Hyderabad High court for 498a. Dear Rajgopalan Sripathi Sir, Does she need to come to Hyderabad High court for quashing even after she has signed MCD and compromise deed. I want to finish off 498a asap along with other charges and they are in mood to stretch it further. I proposed the solution of quash but they are not much willing. Their lawyer said she can revert her statement and lower court would finish off this case in 3-4 months.
1) insist on quashing petition be filed based on settlement arrived at with your wife
2) your wife presence would be required in HC
Hi,
Your wife does not need to travel to hyderabad for filing quash papers.
1. You and your wife have to move the HC for the quashing of the case if you execute a compromise deed. All depends on the wording of MCD as to whether she withdraws the case before the filing of MCD or after its conclusion.
2. The HC has to be the HC which has jurisdiction over the trial court in which the case is pending.
3. Both of you will have to appear personally in the HC for quashing.
Hi, First both of you file a Mutual Consent Divorce petition and in the MCD you have to mention all the cases pending between you and your wife and both of you make a statement in the petition that in view of the MCD she has agreed to withdraw the 498/a case and maintenance case.
2. As per latest Supreme Court ruling Court has power to compound the offence in 498/a also, you can compromise the matter in the trial court itself. you need not necessarily go to the High Court for filling petition for quash the same.
