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Wife reopening 498A case even though compromised one year ago
04-Feb-2023 (In Criminal Law)
Sir/Madam My wife had filed 498a and DV act in September 2015. In 498a we met a compromise and in DV she was granted monthly maintenance i.e 1/3 of my salary. Now one year before (i.e in January 2017) She again deserted me. Now I came to know that she is again planning to reopen that 498a case (Since police has not yet submitted the 498a case file in the court). Is it possible for her to reopen that case?. Can I be again in trouble? What would be the case status now? Can I be convicted ? Please guide me ?
Ya she can again give an application to the police for registering the case u/s 498A on different grounds but the remedy available to you is that you can go for quashing the FIR before Hon’ble High Court or you can contest the case if you contest the case hotly then also you can get acquitted
Helpful?
45+
45+
Adv. Tushar Pahwa
Rohtak | 25+ Answers
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Hello,
Yes she can again file a complaint and you could be in trouble. Thats what law says. But there is no possibility that you will be convicted. As there will be new circumstances and facts now. That is the matter of court to be decided. My best suggestion is, if both of you are not able to live together, file a mutual divorce to avoid these kinds of situation in near future. Ask her to file a mutual divorce on the basis of some compensation amount. Also this will give you 18 months time to think whether you can live separate or not. Think over it by talking mutually to each other, rather than wasting the time of Hon'ble Courts and yours also.
Yes she can again file a complaint and you could be in trouble. Thats what law says. But there is no possibility that you will be convicted. As there will be new circumstances and facts now. That is the matter of court to be decided. My best suggestion is, if both of you are not able to live together, file a mutual divorce to avoid these kinds of situation in near future. Ask her to file a mutual divorce on the basis of some compensation amount. Also this will give you 18 months time to think whether you can live separate or not. Think over it by talking mutually to each other, rather than wasting the time of Hon'ble Courts and yours also.
Helpful?
32+
32+
Adv. Rishi Raj Narang
Rohtak | 25+ 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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