498A, DV cases pending wife wants divorce

498A case, DV case is pending in court of law, wife wants to file mutual consent divorce to which husband also agreed. Wife lawyer does not want to mention of running cases in the divorce petition, and giving oral assurance that they will withdraw the DV case, and also will plead and if court permits then will withdraw the 498A case. Wife now stating that she wants to familial articles and ornaments belonging to husband side and so i want to know, 1. Without withdrawal of cases and without making mention of the cases, is it correct to file mutual consent divorce? 2. Wife had taken by involving police, all the articles and now she wants to return it back, is it correct to take the things back? Or should husband refuse to take back or what safeguards to be taken by husband while accepting the things from wife side? 3. Cases in court not getting expedited, no video conference proceedings also allowed citing infrastructure issues, what can be done by husband to expedite the cases?

Answers (3)

139 votes


I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner. 



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206 votes

okk if you both agree for mutual divorce then within 6 months you will get the degree of divorce order nowadays 498A has not very much effect but DV act is in value if DV act is also to be withdrawn then it can be .... what is your jurisdiction...

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67 votes

mutual consent like the name suggest is completely between the spouses or the estranged spouses to decide the terms. while it is always advisable to bring to the notice of the court the whole factum but if something is not material for the case it can be avoided. if the wife wants to return then it is safe to take those back after getting a signed agreement from the wife duly notarized about the same. in order to get a case expedited it is advisable to start trying from the trial court by making application for expeditious hearing but if it proves futile then the doors will be ajar in suitable cases under civil revision.

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