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Validity of 498 cases after mutual divorce


23-Sep-2023 (In Criminal Law)
My friend is a Hindu by religion and married another Hindu lady in 2014. Both are in Govt. service. They got married by special marriage act in the year 2014. My friend's wife has filed a case against him under section 498 in the year 2015. Later she filed another case of Domestic violence against him seeking for alimony in the year 2015. She filed another criminal case against him in the year 2016. My friend has filed a case for contested divorce against her in 2018. After that, the case of Domestic Violence has been dropped in the year 2018 since she realized that she can’t get any alimony since she is a Govt. servant. She has also withdrawn the criminal case filed in 2016 against him. Now, they are asking my friend to withdraw the case of contested divorce and go for a mutual settlement. However, the outcome of the case filed under section is 498 is unknown. Now, my question is that whether the case under section 498 will be automatically dropped if they are mutually divorced?
Answers (2)

Answer #1
633 votes
498 A is a criminal case. It can be withdrawn on comprised ground. For that your friend has to proceed to the Court where the same has been filed. Yes, your friend can withdraw the petition for divorce and file a new petition on the grounds of compromise in the family court.

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Answer #2
531 votes
Dear querist,
How do you know the cases are dropped and even if you know you are ought to have a advocate who is fighting for you and doing a wonderful job...every advocate’s way of handling the cases are different than each other but you need to keep faith in him/ her and ultimately results matter... instead of asking for different opinion just stick with him you will see light at the end of tunnel... one more thing pay you advocate well as he deserves that...


Regards

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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