My wife is ready for divorce but is not coming forward for 498a and dowry, harrasment case.

Community Forums Legal Advice India My wife is ready for divorce but is not coming forward for 498a and dowry, harrasment case.

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    • #51067 Reply
      User_06babdf3
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        User_06babdf3
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        February 20, 2025 at 4:04 am
        So my wife and her parents are troubling me to sign the divorce papers but are not coming to the criminal court for compromise. Will it cause any trouble if I sign the divorce paper directly. Please guide me on best way to to go through this.

      • #51087 Reply
        Expertfox3531
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          Expertfox3531
          PARTICIPANT
          February 20, 2025 at 4:11 am
          Not a lawyer

          Just to be clear you want her to file 498a and dowry case against you?

          • #51095 Reply
            Smartshashank8200
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              Smartshashank8200
              PARTICIPANT
              February 20, 2025 at 4:15 am
              Harrasment case as well

            • #51094 Reply
              User_06babdf3
              Participant
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                User_06babdf3
                OP
                February 20, 2025 at 4:30 am
                They already kept it on me. I want them to appear for criminal court first. Appear in front of judge and say ok for the compromise. Then I will go ahead and sign for divorce papers.

              • #51093 Reply
                User_5bbdbc77
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                  User_5bbdbc77
                  PARTICIPANT
                  February 20, 2025 at 5:55 am
                  Aarth ka anarth kar diya bhai ne. He just made the wrong choice of words when writing up this. May go through his replies to get a hold on what he is trying to say. In other words his wife is unwilling to attend the proceedings of the criminal cases filed against the OP.

              • #51086 Reply
                Braveavani9174
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                  Braveavani9174
                  PARTICIPANT
                  February 20, 2025 at 4:16 am
                  Advocate here,

                  Go for a Mutual Consent Divorce with a Settlement Clause. The divorce petition should clearly mention that all disputes are settled and that she will withdraw any pending cases.

                  Since 498A is a non-compoundable offense, it cannot be withdrawn directly. For that, you will have to apply for quashing.

                  Consult an advocate; they will guide you based on the facts and circumstances of your case.

                  • #51092 Reply
                    User_628527a7
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                      User_628527a7
                      PARTICIPANT
                      February 20, 2025 at 2:24 pm
                      Advocate seconding this.

                    • #51091 Reply
                      User_51ce30e1
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                        User_51ce30e1
                        PARTICIPANT
                        February 21, 2025 at 3:21 am
                        People filing fake 498a should be jailed for 3 months

                        • #51096 Reply
                          Luckyharshita6737
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                            Luckyharshita6737
                            PARTICIPANT
                            February 21, 2025 at 3:47 am
                            It should be 3Y + huge fine paid to the other party.

                      • #51085 Reply
                        Pramodhawk102
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                          Pramodhawk102
                          PARTICIPANT
                          February 20, 2025 at 4:24 am
                          You are going in the wrong direction. Get a competent lawyer to guide you. You can easily separate the way the other party is handling it. Don’t overcomplicate.

                          • #51090 Reply
                            User_06babdf3
                            Participant
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                              User_06babdf3
                              OP
                              February 20, 2025 at 4:26 am
                              Usually they only come to marriage court. In the previous hearing hearing they didn’t even wait for signing mou to submit in criminal court.

                          • #51084 Reply
                            Luckysachin9844
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                              Luckysachin9844
                              PARTICIPANT
                              February 20, 2025 at 4:33 am
                              File for mutual divorce . And one of the clauses will be she withdrawing and dropping all civil and criminal cases against you. As soon as divorce is decreed on these mutual terms. U cam produce this order before those criminal courts and the matter will end.

                            • #51083 Reply
                              Epicninja9327
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                                Epicninja9327
                                PARTICIPANT
                                February 20, 2025 at 4:40 am
                                NAL.
                                Tell her that you will grant her a mutual consent divorce only after she takes back all the criminal cases against you.Because you donโ€™t know for how long they have decided harass you in the future

                              • #51082 Reply
                                Vedantpanther618
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                                  Vedantpanther618
                                  PARTICIPANT
                                  February 20, 2025 at 4:59 am
                                  You are doing it wrong. File a joint petition and mention in that in writing all cases by each other will be withdrawn. If u are in pune I can help u connect with a good lawer

                                • #51081 Reply
                                  Vivekguru848
                                  Participant
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                                    Vivekguru848
                                    PARTICIPANT
                                    February 20, 2025 at 5:06 am
                                    do not sign divorce papers until criminal case is settled.

                                  • #51080 Reply
                                    Coolking3706
                                    Participant
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                                      Coolking3706
                                      PARTICIPANT
                                      February 20, 2025 at 6:12 am
                                      I’m not a lawyer but it seems that your wife has got new suitor and want to get divorce legally to go forward with the next marriage but at the same time they are having so much fun harassing you that they are denying to drop criminal charges, but Imo, you have the upper hand here, follow what much qualified commenters said above

                                    • #51079 Reply
                                      User_d243f4b0
                                      Participant
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                                        User_d243f4b0
                                        PARTICIPANT
                                        February 20, 2025 at 6:47 am
                                        NAL. But I wonder why would you want to sign divorce papers without the false criminal charges dropped against you. Hire a competent lawyer.

                                        • #51089 Reply
                                          User_06babdf3
                                          Participant
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                                            User_06babdf3
                                            OP
                                            February 20, 2025 at 6:55 am
                                            I don’t want to sign the divorce papers until they take back criminal cases. They are not interested in taking back criminal cases

                                        • #51078 Reply
                                          Indianshivansh3984
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                                            Indianshivansh3984
                                            PARTICIPANT
                                            February 20, 2025 at 7:29 am
                                            If there is an understanding from the beginning or if it is achieved later, people opt for a mutual divorce with the SOP of MoU, in which both parties (mainly this is for the wife) state that all disputes are settled and any pending cases are/will be withdrawn.

                                            If you were to sign the divorce papers first without dropping the criminal charges, the wifeโ€™s side would get a free hand to harass you and extort more money out of you.

                                          • #51077 Reply
                                            Smartswara1736
                                            Participant
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                                              Smartswara1736
                                              PARTICIPANT
                                              February 20, 2025 at 8:39 am
                                              If you signed the divorce papers when they don’t want to withdraw the false cases than you will be screwed. There’s no two way about it. I don’t know what kind of incompetent lawyer you have hired but any other lawyer would easily see that for some reason, your in laws wants to get the divorce as soon as possible and would capitalise on it to get the cases withdrawn.

                                              Do not sign the papers at all till they withdraw the case. In fact I would suggest you to get a competent lawyer and beg the court to not give you divorce. This will frustrate your in laws who will compromise and withdraw the cases. It’s possible that your ex wants to get remarried so wants the divorce as soon as possible. Ask the court to cancel the divorce case, use words like culture, family, tradition etc and you will have upper hand in the negotiations with your ex.

                                            • #51076 Reply
                                              Luckyyogita8423
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                                                Luckyyogita8423
                                                PARTICIPANT
                                                February 20, 2025 at 8:52 am
                                                We want be West but not mature like West. How files criminal case just to get money plus divorce ?

                                              • #51075 Reply
                                                Coolrider3623
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                                                  Coolrider3623
                                                  PARTICIPANT
                                                  February 20, 2025 at 10:11 am
                                                  NAL, just venting, Why is there no provision for Prenup still in this country? These sort of cases are nothing but plain harassment for the male population. If this continues we might end up like South Korea, shit scared to even approach a woman in this country

                                                • #51074 Reply
                                                  User_fb07f196
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                                                    User_fb07f196
                                                    PARTICIPANT
                                                    February 20, 2025 at 10:49 am
                                                    Get it closed

                                                  • #51073 Reply
                                                    Brighthero7316
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                                                      Brighthero7316
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                                                      February 20, 2025 at 11:04 am
                                                      Sad to see how much people know about divorce and false cases. Need of the times.

                                                    • #51072 Reply
                                                      Brightvasudha666
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                                                        Brightvasudha666
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                                                        February 20, 2025 at 2:26 pm
                                                        Just popped in to say, man, what a shit show marriage is these days.ย 

                                                        • #51088 Reply
                                                          User_33024188
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                                                            User_33024188
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                                                            February 23, 2025 at 11:27 am
                                                            These days? Has been for decades.

                                                        • #51071 Reply
                                                          Epicwolf7384
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                                                            Epicwolf7384
                                                            PARTICIPANT
                                                            February 20, 2025 at 10:45 pm
                                                            We had the same issue. My wifeโ€™s lawyer forced me to attend divorce first followed by compromise petition for quashing. We were afraid but police helped us make sure they attend the high court for quashing after filing for divorce.

                                                          • #51070 Reply
                                                            Prorider4116
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                                                              Prorider4116
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                                                              February 21, 2025 at 5:32 am
                                                              Do not get the divorce done until and unless criminal cases are withdrawn. Put pressure on them.

                                                              For further guidance contact us [https://g.co/kgs/ZW11NKZ](https://g.co/kgs/ZW11NKZ)

                                                              **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                                                            • #51069 Reply
                                                              Swiftrutuja7056
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                                                                Swiftrutuja7056
                                                                PARTICIPANT
                                                                February 21, 2025 at 10:24 am
                                                                Yes been through in my paper work that was mentioned clearly that I am settling up with the money and all the charges will be withdrawed after that and no claims can be done further. Just read the papers before you sign. Will be more than enough. Bdw this was typed on stamp paper.

                                                              • #51068 Reply
                                                                Soniaeagle333
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                                                                  Soniaeagle333
                                                                  PARTICIPANT
                                                                  February 21, 2025 at 11:31 am
                                                                  If they are in hurry for divorce ask them to drop all the charges first and then go for Mutual divorce that too from wife side as petitioner. make sure not from your side.

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