Divorce and 498a case

[Priyamaster227]

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Priyamaster227
PARTICIPANT
February 28, 2025 at 12:20 pm

Hi all,

My wife has filed 498a, 34 dp act and some other cases on oct 2023.
Trail have not begun yet ( officer on training and mater postponed )

Now she have filed divorce case under 13ia (cruelty), I am ready to give divorce as well.

I am not accepting cruelty reason (as these are false ), can court grant divorce ( with out cruelty charges on me)

I am now worried in 498a case – she might never come to court and withdraw cases.(as she might be getting married soon- this is from their words) .

How to proceed with this.( all I want is 498a case withdrawn).

If she does not come to case, will the case be with court forever?

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[Sonalninja770]

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Sonalninja770
PARTICIPANT
February 28, 2025 at 12:27 pm

Take personalized consultation call from DigiLawyer platform. Initial consultation is free there.

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[Smartshailesh3822]

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Smartshailesh3822
PARTICIPANT
February 28, 2025 at 12:28 pm

Since she’s probably in a hurry to get married, ask her for a mutual divorce with the condition she will withdraw all her complaints, there will soon be mediation assigned by the court. Use that to settle and get out.

Good luck!

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[Priyamaster227]

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Priyamaster227
OP
February 28, 2025 at 12:56 pm

Thank you bro..I was looking for this answer..all the lawyers are making complex.

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[Priyamaster227]

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Priyamaster227
OP
March 3, 2025 at 12:24 pm

Bro I have a question ..let’s say she signs Mou that she will withdraw all cases.

Will that be used to close 498a case..

I am worried on that part…

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[Smartshailesh3822]

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Smartshailesh3822
PARTICIPANT
March 3, 2025 at 12:53 pm

It’s cognizable non compoundable offence and cannot be closed by withdrawing complaints, but can be used to quash the fir. I am not a lawyer answering your question just based on my knowledge, get a criminal lawyer a good one.

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[User_3e8b575e]

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User_3e8b575e
PARTICIPANT
March 3, 2025 at 5:59 pm

Do not give divorce until cases are withdrawn. You have the leverage since she wants to get married, use it.

Promises don’t mean shit , she can just say later that the promise was coerced.

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[Silentseeker4914]

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Silentseeker4914
PARTICIPANT
February 28, 2025 at 3:08 pm

Try mediation first and then if things go right, take mutual divorce. That will save a lot of time and money and would be better for both of you.

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[Calmkedar5363]

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Calmkedar5363
PARTICIPANT
March 31, 2025 at 9:38 pm

she cannot get married until court gives divorce decree for both of you. in case if she marries then it will be case of bigamy so dont worry about it.

for 498a dont worry much, ask her to withdraw all the cases and your lawyer will guide you with regards to it.

if she wants to get remarried she has to come to court if she doesnt come to court , she will receive summons to appear and also **i guess** you have an option of filing RCR, which means you want your wife back (although you dont) but strategically you can file it and she has to appear or else you will get divorce granted if she is not willing to join.

just be patient and if you are in talks with her, ask her for mutual divorce although the risky part is in mutual divorce the girl side will ask huge some or threaten for contested case.

make your moves carefully, patience is key

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