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.
4 Answers from Attorneys
Re: section 498a
You may ask the accused to approach the high court for quashing in view of settlement.
Re: section 498a
Ask husband and in laws to approach the High Court and get the case quashed.
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.
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.
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