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Do we need to withdraw 498a case after mutual consent divorce?
18-Jan-2023 (In Divorce Law)
My neice got married in Feb 2021. Her husband & inlaws were harrassing her. One day they removed her all ornanents (sridhan) and forced her to leave the house so she started living with her parents. This happened in just 6 months after marriage. meanwhile we made police complaint. 498a case is registered. Do we need to to withdraw 498a case to get divorce by mutual consent?
you need to withdraw the 498A case once you file the mutual consent divorce petition. it is advisable to make sure you keep the 498 A case alive unless and until the mutual consent divorce gets filed.
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Adv. Mikdad Zummerwala
Mumbai | 200+ Answers
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What is the limitation period of 498A?
According to Section 468 CrPC, a complaint under Section 498A IPC must be filed within 3 years. 12-Apr-2023
How can I get my wife divorced without maintenance?
You can file for divorce if it has been more than a year since you learned of her refusal to consummate marriage. The annulment of the marriage will not require you to pay maintenance.
Is 498A cruelty allowed in divorce?
Divorcee wives can also bring charges of violating section 498A if they allege that the abuse and harassment occurred while the marriage was still in existence. 20-Aug-2023
Can I file divorce after filing 498A?
Conclusion: The acquittal in a case 498A is not a ground for divorce. However, it can be considered evidence that the wife intended to abuse her husband mentally, and this could be used as a ground for divorce. In this situation, the husband may file for divorce based on cruelty. 18-Feb-2023
In order to proceed with a divorce by mutual consent, any pending criminal complaints, such as one filed under Section 498A of the Indian Penal Code, would typically need to be withdrawn. This is because the process of divorce by mutual consent requires the parties to come to a mutually agreed upon resolution, and the existence of a criminal complaint can complicate this process. It is important to consult with a lawyer to understand the specific requirements and procedures for withdrawing a complaint and proceeding with a divorce by mutual consent in your jurisdiction.
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Adv. Jairam Chandnani
Mumbai | 100+ Answers
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Hello when the settlement is executed between both parties then for getting mutual consent divorce you have to withdraw case of 498A because your matter becomes dead and no purpose will be served for it
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Adv. Harshad Garud
Pune | 200+ Answers
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