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What will be impact of khula on already filled case u/s 498A
12-Jan-2023 (In Muslim Law Law)
I request the experts to answer my query asap.....i had got married in 2015 according to Muslim rituals. ..within month of marriage my husband started misbehaving n beating me I prayed to god I begged in front of his parents but nothing worked when my parents came to know about these things they came n took me back then my husband filled a case under shariat act in family court stating I n my family misbehaved with him n his parents, but still he wants to take me back from my parents n my parents won't interfere in our relationship etc etc after that we filled dv n 498a as I don't want to suffer for entire life also he has some health isses n mental health is nt good according to his parents someone has done black magic on it so he misbehaves and he will BE like this only n I jv yo accept him as he is.....he is working in mnc earning good salary he owns flats ...now 1yr has elapsed Iam suffering I'm not in marital relationships he has nt freed me so I can't think of second marriage.a
Hello, as far khulla is concerned, then you have to take consent of your husband before taking khulla. And if you ask for khulla to your husband then there are more chances that he will ask for total withdrawal of 498(a) case that you have filed against him. We will need to know few more facts to advise you in a better ways. Please contact or visit my office.
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On what grounds 498A can be quashed?
The choice is between the accused. If the accused feels that the fir against him is false or that the proceedings in a case have not been conducted fairly, then they can file a quash petition at the high court.
Can 498A case run after divorce?
The Gujarat High Court ruled on Friday that a woman could file a complaint for cruelty under Section 498A (of the Indian Penal Code) after a divorce, but that only incidents that occurred during the marriage were eligible. 20-Aug-2023
Is mutual consent divorce allowed in 498A?
A divorce that is mutually agreed upon may affect any criminal cases pending, including a case under Section 4988A of the Indian Penal Code. The IPC Section 498A deals with cruelty committed by a man or his family towards a woman who is married.
What is quashing 498A before divorce?
Karnataka High Court: 498-A IPC cant be annulled just because it was filed following receipt of divorce notification. The High Court stated that the decision of the Co-ordinate Bench in Naresh Gunderyal v. State, on the same issue, defeated the very purpose of S.498-A IPC and Domestic Violence Act 2005. 07-Jun-2023
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.
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