Discharged from 498a when mutual divorce filed

Facts of my Case : Marriage - Aug12 , date of separation/Filing of 498a/406/34 of IPC & 3and4 of DP Act - Apr13 Recvd Anticipatory bail from High Court , confirmed in lower court - Jun13 Streedhan returned in Jul13 - Accused - Husband /Mother/Aunt Mutual Consent Divorce filed in May14 , agreement includes clause to withdraw 498a case and also not to make any claim wrt alimony or any other cases in future. date for Appearance & order for Divorce - 12-Dec-14 Chargesheet collected in Aug14, no major findings except statement of dowry and mental harrassment from people from inlaws side. on29-Oct-14 , we filed an application in criminal court for discharge from 498a annexing the mutual consent divorce agreement , which was not accepted by judge and charge was framed to which we pleaded not guilty. judge have given a date for Evidence of the girl-complainant on 12 -dec-14 same date as divorce My Question: If Divorce hearing happens first , where both of us gives consent and then in Criminal court , if the girl refuse to withdraw the case , what should i do and how should i protect myself to ensure i get divorce and also get free from 498. if the divorce gets done and 498 still continues and girl does not withdraw, what is the way out. The girl and the family is not at all cooperative and not ready to discuss.

Answers (1)

196 votes
In some cases, 498A complaint is withdrawn by the wife as a condition to go for MCD by the husband. If that has not been done, get the MCD first wherein it has been agreed by your wife to withdraw the 498A complaint as part of the consented settlement. So, if the wife refuses to withdraw the 498A case later on, you can file a petition before the High Court to quash the said 498A case based on the conditions mentioned in the MCD.

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