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498a 506 child custody maintenance filed by wife I filed divorce.


27-Oct-2023 (In Divorce Law)

Hi my wife had filed 498a 506 child custody maintenance cases on me 2 years back 498a 506 case started 1 month back and child custody maintenance case are in evidence state I had filed divorce and 1 week back it was dismissed now planning to go for high court but due to some well wisher things are settling and on way to mutual divorce as she is not interested in case my question is if we go for mutual divorce is it possible to take back the 498a 506 case back as it's already started . Do we first quash 498a and then divorce or vise versa.please reply ì m already confused.

Answers (2)

Answer #1
91 votes

If your wife agrees to give a Mutual consent divorce then you can enter into a settment with your wife where you can state that she agrees to cooperate in quashing of FIR filed against you

Answer #2
542 votes
You can file a mutual divorce case and include a condition in the petition that your wife should withdraw her complaint filed against you under section 498A of IPC. In this regard she has to co-operate to file a quashing Petition before the Jurisdictional High Court.

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