Consideration and time taken to quash 498a in high court Consideration and time taken to quash 498a in high court

4 years ago

My wife filed 498a case on me and my mother in Dec 2016 and DV case on me Dec 2017.

DV case was disposed (June 2018) due to compromise. In Jan 2019, me and my wife filed a mutual consent divorce petition with zero terms and conditions (no maintenance / alimony / settlement), except one condition that both of us will withdraw cases against each other and shall not have any claims against each other in future. Both of us have given affidavits in the court stating the same. Then on 5th Dec 2019, the court granted the divorce decree.

Now, my wife is not willing to withdraw or sign a no-objection to close the 498a case. Moreover, she changed her residence (address changed) after getting the mutual divorce and her whereabouts are absolutely not known.

So I want to move the high court for quashing the 498a on merits that the complaint has been filed only with a view to cause harassment to me and my mother. My wife was never subjected to any cruelty, I have proofs for the same and on the contrary, I was subjected to cruelty at the hands of my wife.

How to locate my wife's address legally for serving notices (because her whereabouts are not known)?

And how long it may take in my case for the high court to consider quashing the case (498a)?

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
If it is a civil case you can release newspaper publication with the permission of Court. The High Court has no time limit to dispose of petition before it.
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Anindita Chakraborty

Responded 4 years ago

A.Legally there is no such way of tracking your wife's address. . You have to find it out yourself
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Rameshwar Dadhe

Responded 4 years ago

A.You will need to approach to the high court under section 482
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Suneel Moudgil

Responded 4 years ago

A.1. presuming that her statement is not recorded in the trial court where 498a case is pending,
2. you can defend the case there only and since no evidence/witness from the complainant the case will favour you,
3. quashing without her appearance is tough
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