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Withdrawn of 498A and i} risk of DEFAMATION ii) pending DIVORCE(13B)


20-Feb-2024 (In Criminal Law)
My friend's Sister filled 498A against her husband for heavy mental cruelty and minor physical torture. They didn't have any husband wife relationship but not she sure that husband is physically impotent or not. (may be mentally) Now for getting Mutual Divorce. Husband ask her to withdraw 498A. If she withdraw 498A i) can husband filled DEFAMATION against wife in later? ii) After withdrawn of 498A if Husband not given final consent for mutual divorce, what to do? Can she restart the 498A?
Answers (1)

Answer #1
540 votes
For this instance both party can sign an MOU regarding the Mutual Divorce. and after getting divorce she can appeal for maintenance. maintenance is applicable after divorce. But this think need to do carefully. Only an Experienced Matrimonial Advocate know this kind of tricks. So contact specialist on Matrimonial Matters.
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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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