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In some cases, 498A complaint is withdrawn by the wife as a condition to go for MCD by the husband.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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles