Community › Forums › Legal Advice India › My wife is ready for divorce but is not coming forward for 498a and dowry, harrasment case.
- This topic has 29 replies, 27 voices, and was last updated 1 year, 4 months ago by
Luckyharshita6737.
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UUser_06babdf3
PARTICIPANT
February 20, 2025 at 4:04 amSo 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. -
EExpertfox3531
PARTICIPANT
February 20, 2025 at 4:11 amNot a lawyerJust to be clear you want her to file 498a and dowry case against you?
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SSmartshashank8200
PARTICIPANT
February 20, 2025 at 4:15 amHarrasment case as well -
UUser_06babdf3
OP
February 20, 2025 at 4:30 amThey 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. -
UUser_5bbdbc77
PARTICIPANT
February 20, 2025 at 5:55 amAarth 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.
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BBraveavani9174
PARTICIPANT
February 20, 2025 at 4:16 amAdvocate 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Since 498A is a non-compoundable offense, it cannot be withdrawn directly.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.
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UUser_628527a7
PARTICIPANT
February 20, 2025 at 2:24 pmAdvocate seconding this. -
UUser_51ce30e1
PARTICIPANT
February 21, 2025 at 3:21 amPeople filing fake 498a should be jailed for 3 months-
LLuckyharshita6737
PARTICIPANT
February 21, 2025 at 3:47 amIt should be 3Y + huge fine paid to the other party.
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PPramodhawk102
PARTICIPANT
February 20, 2025 at 4:24 amYou 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.-
UUser_06babdf3
OP
February 20, 2025 at 4:26 amUsually they only come to marriage court. In the previous hearing hearing they didn’t even wait for signing mou to submit in criminal court.
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LLuckysachin9844
PARTICIPANT
February 20, 2025 at 4:33 amFile 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. -
EEpicninja9327
PARTICIPANT
February 20, 2025 at 4:40 amNAL.
Tell her that you will grant her a mutual consent divorce only after she takes back all the criminal cases against you.Because you donโt know for how long they have decided harass you in the future -
VVedantpanther618
PARTICIPANT
February 20, 2025 at 4:59 amYou 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 -
VVivekguru848
PARTICIPANT
February 20, 2025 at 5:06 amdo not sign divorce papers until criminal case is settled. -
CCoolking3706
PARTICIPANT
February 20, 2025 at 6:12 amI’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 -
UUser_d243f4b0
PARTICIPANT
February 20, 2025 at 6:47 amNAL. But I wonder why would you want to sign divorce papers without the false criminal charges dropped against you. Hire a competent lawyer.-
UUser_06babdf3
OP
February 20, 2025 at 6:55 amI don’t want to sign the divorce papers until they take back criminal cases. They are not interested in taking back criminal cases
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IIndianshivansh3984
PARTICIPANT
February 20, 2025 at 7:29 amIf 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 wifeโs side would get a free hand to harass you and extort more money out of you.
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SSmartswara1736
PARTICIPANT
February 20, 2025 at 8:39 amIf 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.
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LLuckyyogita8423
PARTICIPANT
February 20, 2025 at 8:52 amWe want be West but not mature like West. How files criminal case just to get money plus divorce ? -
CCoolrider3623
PARTICIPANT
February 20, 2025 at 10:11 amNAL, 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 -
UUser_fb07f196
PARTICIPANT
February 20, 2025 at 10:49 amGet it closed -
BBrighthero7316
PARTICIPANT
February 20, 2025 at 11:04 amSad to see how much people know about divorce and false cases. Need of the times. -
BBrightvasudha666
PARTICIPANT
February 20, 2025 at 2:26 pmJust popped in to say, man, what a shit show marriage is these days.ย-
UUser_33024188
PARTICIPANT
February 23, 2025 at 11:27 amThese days? Has been for decades.
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EEpicwolf7384
PARTICIPANT
February 20, 2025 at 10:45 pmWe had the same issue. My wifeโs 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. -
PProrider4116
PARTICIPANT
February 21, 2025 at 5:32 amDo 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.
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SSwiftrutuja7056
PARTICIPANT
February 21, 2025 at 10:24 amYes 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. -
SSoniaeagle333
PARTICIPANT
February 21, 2025 at 11:31 amIf 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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