Legal Question in Criminal Law in India

section 498a

sir i (wife) filed 498a case on husband and inlaws. then after they got bail they asked me to withdraw the case as i was unaware that i cant now withdraw the case. i signed the mutual deed divorce paper and also they returned my belonging and the MONEY which he (husband ) took from me. i am not interested in maintenance. bcoz i belive in my allah. that Allah will do the best for me. i am going through hyper tension what is the end of my case.could u pls give me the legal advice. what should i do. i am affraid of this cross examination.


Asked on 8/19/08, 12:07 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: section 498a

You may ask the accused to approach the high court for quashing in view of settlement.

Read more
Answered on 8/20/08, 1:21 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 498a

Ask husband and in laws to approach the High Court and get the case quashed.

Read more
Answered on 8/20/08, 5:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 498a

Since you signed for mutual divorce papers, the matter ends.

there shall be no cross examination.

you will have a chance to decide if you want divorce or still considering refusal. You have a right to refuse divorce despite your having signed. The court will grant divorce ONLY after recording your consent by personal appearance.

there is nothign to fear; there will be no "Cross examination" the way you watch in Hindi Movies; it will be simple question and answer basically asking you if you want divorce or you want to continue living with your husband.

Read more
Answered on 8/19/08, 8:28 pm

Re: section 498a

Thanks for referring an question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that you signed mutual consent divorce papers and also you r eceived your belongings and money taken from you. If you don't want to pursue your 498a case , then a petition for quashing of FIR can be filed to High Court under the provisions of CrPC . If your in laws don't prefer to file a petition before High Court then case will be decide by court on merits. Why are you afraid of cross examination , it can be advised well on after going through it.

In case you find any difficulty, please don’t hasitate to recommunicate your problem. All possible assistance will be provided you.

Read more
Answered on 8/19/08, 9:40 pm


Related Questions & Answers

More Criminal Law questions and answers in India