498 with withdraw she is not ready to accept the truth which she mad

509 votes

You should not withdraw your divorce petition merely because the 498A case is pending. Both proceedings are legally independent. A criminal complaint under Section 498A IPC and a matrimonial proceeding for divorce run on separate legal tracks, and one does not automatically stop the other. If your wife has stated before the mediator that she is willing to withdraw the 498A case but has not done so yet, you should insist on a written and legally enforceable settlement rather than relying on verbal assurances. Courts generally recognize only formal undertakings or settlement terms recorded before the court. Since a quash petition is already pending before the High Court, your immediate focus should be on pursuing the quash proceedings and placing on record the mediation statements, if any, showing her willingness to withdraw the complaint. If the allegations are exaggerated or unsupported by evidence, the High Court can examine whether the continuation of criminal proceedings amounts to abuse of process of law. In the divorce case, you may request the court to proceed with the matter and not indefinitely postpone it, especially if reconciliation has failed. Courts will not compel you to withdraw your petition merely because the criminal case is pending. Therefore, the prudent approach is: continue the divorce proceedings, pursue the quashing of the 498A case, and insist on a properly drafted written settlement if any compromise is proposed, rather than withdrawing your legal remedies prematurely.

Advocate Pavani Kumari LawRato

802 votes

you have not disclosed whether any compromise has been taken in between you both are not in the mediation? If you both enter into compromise and are reunited, there is no urgency to close 498A IPC . The court will observe you for some time and during the trial of the case, automatically your wife turns hostile and gives evidence in your favour and you will be acquitted with a clean chit.

Advocate Kadagala Rambabu Naidu LawRato