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As case under 498 not withdraw should go for divorce


06-Jul-2023 (In Divorce Law)
Hi, my wife field three separate case 1st 498A & 406, 2nd 125 CrPC & 3rd section 12 & 23 Domestic violence act against me. In February me & my wife field for mutual divorce under section 13B with a clause that she will withdraw 498A & 402 case before the second appearance in 13B & which is next month. Now as we are close to our date my wife has not withdrawn the 498A & 402 case. Please help me clarifying my doubts: 1. As she has not withdrew the 498A & 402 case should I go-head and take divorce? 2. If I should go-head with divorce then who will withdraw the 498A & 406 and the other cases after divorce as I dont have trust on them. As she hardly appeared in any court in any case. Thanks in Advance.
Answers (3)

Answer #1
911 votes
The above three cases are saperate case. Where as divorce petition is a saperate case. Divorce petition from mutual consent may be withdraw at any stage by you.

At what stage of your case in 498 A & 406 and DV act case.
You may call me for further suggestion.

Regards
Brijbhushan Singh
Answer #2
870 votes
Dont worry, for mutual consent the 13B is necessary and court will passes the decree after the satisfactory commitment of both the parties. and in the application of 13B she and you self admitted to do so with mutual consent and all the transaction regarding payments and other should be finalized. So please proceed with the 13B process. While you receive the decree you can present the order copy to the other respective courts to dismissal of the other case. any of both can present such documents to respective court.
Answer #3
738 votes
Don't give her divorce with out settle your cases bcoz after your divorce she will do demand for money also
.... Say her to withdraw all cases and after settle the cases give her divorce
.... Because court will not give any excuse

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