498a case but charge sheet not filed
2 years ago
Hi
I have filed 498a case against my husband and family. Still charge sheet is not filed yet. Now I feel I don't want all these and just to live with my husband. He is not ready to talk to me nor live with me but still I am willing to take the complaint back as charge sheet is not filed thinking that he may realize after sometime. But he has abused me and my mom in bad language and had hit me in front of his parents. But I don't want to continue all these as our lives will vanish because of ego.
But I don't want to continue this. I am seeking help of matrimonial counselor now and trying my best to convince him, but he is very stubborn.
Can he file any case against me if I take the complaint back. What if he filed for divorce?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Also, police will not allow you to take back complaint easily.
Now you file for RCR - Restitution of Conjugal Rights if you want to continue marriage.
Once united 498A can be decided.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Filing a false case is often considered cruelty but the same is not applicable to a complaint that is already withdrawn. Your husband has complete legal authority to divorce you. However, if you return the complaint, he will not be able to bring a lawsuit against you, but he will be able to refuse to pursue the marriage. It is preferable if you practise meditation and resolve your conflicts amicably.
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Filing a false case also comes under cruelty. Therefore, your husband has every right to divorce you. But if you take the complaint back then he cannot file a case against you however he can refuse to continue the marriage. It is better if you go for meditation and solve your issues amicably.
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2.No, he cannot file a case if you take the complaint back
you can approach police and say to them that you are going to with draw your complaint. Rest they will do.
Nishant Singh
Responded 2 years ago
Filing false cases against husband and his family members are also comes under the cruelty and it may be ground of divorce.
First, you may take help of family members, friends and well wishers to save your matrimonial life.
or
if possible, you can file Pre-litigation mediation proceedings before the mediation and conciliation centers situated at courts as well as high courts. It's provide you a platform, where you can resolve the issues in amicably manner under the legally guidance of trained Mediators. Further, if the mediation is successfully done, it will secure you from the further litigation and at the same time, secure your present and future rights being a wife and if the mediation fails then no adverse effect will draw in any proceedings as no proceedings will be recorded if mediation fails.
The mediators also help you to save your matrimonial life in this regards.
It is also to inform you that 498A FIR will be quashed at High Court only So its better first resolve your issues in amicable and then go for quashing.
Thanks with best regards
Nishant Singh (Adv)
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
यदि तलाक की अर्जी दाखिल की जाती है वहां पर भी आप यह प्रयास कर सकते है।
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