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Quash petition opened on my mother name


02-May-2025 (In Divorce Law)
First my wife filed sec9 on me. After 10 days I filed sec 13 1 ia. No kids. Court counseling failed. Trails started, after 2 years she filed sec 498A case on my family. FIR registered, charge sheet opened, received notices within 6 months. Filed quash petition by A2(Mother) in high court. Next month hearing, my lawyer taken dispensers for my parents and for my sister, brother-in-law doing quash. I need to attend as A1 in family court. Is it right approach?
Answers (5)

Answer #1
874 votes
I understand the emotional toll this situation has taken on you and your family. The details shared so far seem to be limited, and to provide you with meaningful assistance, we would need some additional information. My office has extensive experience in dealing with sensitive matters like these. We would be able to support you through this fight with the utmost sincerity, respect, and care your situation rightfully deserves.
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Advocate Garima Sharma

Adv. Garima Sharma

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Answer #2
542 votes
Yes, as A1 (accused no. 1), your appearance in family court is necessary unless an exemption is granted. Seeking quash under Section 482 CrPC for relatives is appropriate if allegations are general/vague. Continue to follow your lawyer’s advice closely, especially regarding dispensations and court appearances. Filing for divorce under Section 13(1)(ia) after failed restitution is legally permissible. Make sure all legal remedies and defenses are properly documented for both civil and criminal matters.
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Advocate Adarsh Kumar

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Answer #3
552 votes
Hello. Have the charges been framed in the 498A case? Has chargesheet been filed. Courts usually do not quash if the chargesheet is not filed. Can give a clear advice if the above is answered. Also your 498A will be running in mahila court and not family court
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Advocate Bhawani Gupta

Adv. Bhawani Gupta

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Answer #4
769 votes
If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #5
668 votes
It depends upon the full facts and circumstances of the case. Filing Discharge is not the only option and generally a tougher one to extract the benefit out of. Quashing in HC in such a case is a better option. However since the discharge is already filed fight it out to your best ability. There are decent chances of relief if contested well as prima facie it can be seen that your wife has filed the cases only out of vexatious feelings and to reap vengeance.
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Advocate Vikas Sharma

Adv. Vikas Sharma

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