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can I get 498a/406 Discharge after divorce


19-Apr-2023 (In Divorce Law)
Wife filled 498a/406. After years she filed for divorce. 498a is still at framing of charge stage.If we file mutual consent, can I get discharged from 498a/406 based on divorce?nLayerr says we need to go to HC for quashing, after divorce . Case is in Pune jurisdiction.I have no faith that wife will coperate to remove 498a
Answers (2)

Answer #1
709 votes
Well, you can put this condition before your wife, that, if she wants Mutual Divorce, then, she has to first withdraw Sec 498A Case against you. If she cannot take it back, you will not grant her Divorce. Chances are low, that, she will be able to withdraw this Sec 498 of IPC, 1860 case against you, considering, Sec 498 of IPC, 1860 is a Non Compoundable Offence.
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Advocate Pankaj Bajaj

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Answer #2
566 votes
Quashing can only be done in Bombay high court and that too after wife's consent. in mutual consent petition when consent terms are filed you have to add this point of quashing 498a and then going for mutual. otherwise you will be in a trouble in future
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Advocate Kajal B Joshi

Adv. Kajal B Joshi

LawRatoMumbai | 50+ Answers
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