Legal Question in Criminal Law in India

498A and Mutual Divorce

My wife file a 498a/406/34 IPc against me , my parents , Charge sheet submitted , Trail start on july . Now she is asking mutual divorce . Can I quash 498A/406/34 IPC through mutual petition , Should I submit divorce petition mutually before I discharged with IPC 498A /406/34


Asked on 3/14/08, 9:40 am

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498A and Mutual Divorce

If your wife is ready to withdraw her charges let her withdraw the same and then go for a divorce by mutual consent. If possible ask her to withdraw the charges before july.

Read more
Answered on 3/14/08, 9:53 am
Vivek Mapara Vivek N. Mapara

Re: 498A and Mutual Divorce

Yes, if understanding has arrived between you and your wife, then mutually divorce can be taken and criminal proceedings can be got quashed, through high court by filing petition under section 482 of Criminal Code.

Well if your wife has agreed to discharge you of the criminal charges, then you should submit to mutual divorce. Be sure your wife does not retract thereafter.

Read more
Answered on 3/14/08, 12:01 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 498A and Mutual Divorce

Let her withdraw the charges and then proceed for divorce by mutual consent.

Read more
Answered on 3/14/08, 12:38 pm

Re: 498A and Mutual Divorce

It is advised that you firstly go for quashing of FIR for and then go for mutual divorce,so that your interest could be protected.For any other assistance contact with details,professional charges are applicable.

Read more
Answered on 3/14/08, 3:15 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: 498A and Mutual Divorce

Answers to both question is no. You can consider approaching high court for quashing and the high court may quash in view of a mutual compromise.

Read more
Answered on 3/15/08, 2:05 am


Related Questions & Answers

More Criminal Law questions and answers in India