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Consideration and time taken to quash 498a in high court


12-Feb-2023 (In Family Law)
My wife filed 498a case on me and my mother in Dec 2016 and DV case on me Dec 2017. DV case was disposed (June 2018) due to compromise. In Jan 2019, me and my wife filed a mutual consent divorce petition with zero terms and conditions (no maintenance / alimony / settlement), except one condition that both of us will withdraw cases against each other and shall not have any claims against each other in future. Both of us have given affidavits in the court stating the same. Then on 5th Dec 2019, the court granted the divorce decree. Now, my wife is not willing to withdraw or sign a no-objection to close the 498a case. Moreover, she changed her residence (address changed) after getting the mutual divorce and her whereabouts are absolutely not known. So I want to move the high court for quashing the 498a on merits that the complaint has been filed only with a view to cause harassment to me and my mother. My wife was never subjected to any cruelty, I have proofs for the same and on the c
Answers (1)

Answer #1
837 votes
Dear Queriest,

You may file quash petition before high court on the basis of mutual consent affidavit and also mention that her whereabouts are not known and that she is it contesting the matter.

For any further queries please feel free to call me.
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