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Non-withdrawal of false 498A case before divorce decree date
13-Oct-2023 (In Divorce Law)
My wife registered a false case under 498A, 323, 377, 313 of IPC at her hometown. We also registered a criminal case in our hometown charging them with fraud. After mediation, a notarized MOU was signed & a mutual petition divorce was filed in the family court. A term in petition was: both parties agree to completely withdraw their court cases. In cool-off period, I withdrew my case while the 498A case filed by the girl is still pending in the court because girl did not appear in person on 4-5 successive dates.
Now, her lawyers propose that she’ll appear on the day of divorce decree & will verify her “bayaan” on the same day for 498A case. But the judgment for that criminal case will come later & once she gets the alimony, she & her family might indulge in re-extortion.
What legal remedies are available to postpone the divorce decree date from the civil court? Application? Medical? Is it a good idea to postpone ? Can court stop alimony disbursement while granting divorce?
As per the provisions of section 13-B of the Hindu Marriage Act , both husband and wife may file a case of divorce by mutual consent. The cool off period ranges from six months to eighteen months. This period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move.
As regards the withdrawal of case from your side, I would like to ask one question- whether the Investigating Officer has filed the cancellation report on withdrawal of your case ? If so, whether the Court has ordered the cancellation of the case ? If the answer to the above question is in negative, you may still opt for the prosecution of your case against her by moving an application to the police/court. You may personally contact me for further clarification if you so desire.
As regards the withdrawal of case from your side, I would like to ask one question- whether the Investigating Officer has filed the cancellation report on withdrawal of your case ? If so, whether the Court has ordered the cancellation of the case ? If the answer to the above question is in negative, you may still opt for the prosecution of your case against her by moving an application to the police/court. You may personally contact me for further clarification if you so desire.
Helpful?
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Adv. Harish Chandra Yati
Noida | 100+ Answers
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Hi, You can first ask to close her case then finalise the decree of divorce. But, From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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Your wife cannot withdraw your complaint because this is state case and your wife can't Withdraw this case now you file a quashing petition in high court and quash this FIR and one more thing your wife can't re extort money by you because mou signed by both the parties and it is notarized.
Helpful?
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Adv. Nitin Kumar Jain
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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