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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?
Answers (3)

Answer #1
835 votes
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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Advocate Mikdad Zummerwala

Adv. Mikdad Zummerwala

LawRato Mumbai | 100+ Answers
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Answer #2
713 votes
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pending criminal complaints, such as one filed under Section 498A of the Indian Penal Code, would typically need to be withdrawn.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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Advocate Jairam Chandnani

Adv. Jairam Chandnani

LawRatoMumbai | 5+ Answers
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Answer #3
866 votes
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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Advocate Harshad Garud

Adv. Harshad Garud

LawRatoPune | 400+ Answers
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