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498/a not closed after Divorce


07-May-2023 (In Divorce Law)
Hello Sir I got a mututal divorce from my wife in Oct 2017. In divorce petition we mentioned that all criminal cases should be closed ie 498/A . After divorce the judge given 90 days time period to close 498 . After 90 days ex-wife came to court and said she will be contesting 498/A case and not to withdraw. we are unnecessarily drag in this what to do?
Answers (1)

Answer #1
626 votes
hi
since you got mutual consent divorce, you are entitled for quashing 498a. please refer to recent decision of supreme court on this which says all criminal cases need to be closed after mutual consrnt. file a quash petition under section 482 cr p.c at high court
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