Withdrawing cases and money settlement regarding
Hari_Narayana
(Querist) 01 August 2015
This query is : Resolved
Dear Sirs
I have engaged three different lawyers for three different cases (498a, DVC and Divorce) filed against me.
Now my 498a lawyer, after obtaining a Stay order in Andhra Pradesh High court, has requested my wife and my inlaws for out-of-court settlement
They have come forward and accepted for one time money settlement, and for withdrawing the cases filed on me
Now what i wanted to know is:
1. Do I need to settle the cases by means of MOU document?
2. To withdraw her cases, Do I have to obtain No-Objection-certificates from my other lawyers also who are currently attending the trail courts?
3. Which Lawyer I should prefer to choose? ie.,
Is it my 498a lawyer who has got the stay order from me in high court,
or
DVC lawyer
or
Divorce lawyer
to proceed further with this out-of-court settlement?
4. Is there any best approach for proceeding with withdrawing cases and money settlement in my given situation
Kindly advise
R.K Nanda
(Expert) 02 August 2015
take help of ur lawyers as choice is urs.
Chanchal Nag Chowdhury
(Expert) 02 August 2015
1)NO.The Criminal cases will have to be withdrawn by her. The divorce case has to be settled by joint application u/s 13B HMA.
2)NO.
3)The lawyer engaged in each of the courts.
4) Answered in 1 above.
Rajendra K Goyal
(Expert) 03 August 2015
Agree with the expert Chanchal Nag Chowdhury.
Hari_Narayana
(Querist) 09 August 2015
Thanks to Experts.
But Now there is a slight twist in the withdrawing the divorce case and converting it to MCD.
I observed in the court, that , The terms between my wife side and her attorney are not good. Their lawyer is not satisfied and hence not coming forward to help them nor to give No-Objection-Certificate to her.
So, What has to be done by me if the situation is like this at her side.
Or she has to approach another attorney ignoring her current divorce lawyer just for Out Of Order petition and advance date petition filing? and to file the 13B petition?
as, I am suffering because of her condition and her attorney unavailability.
Kindly advise.
Hari_Narayana
(Querist) 10 August 2015
Furthur to add...
you may have the question to me that : "Why you are suffering / worrying"
Reason is:
As per our MOU agreement, I have already given my wife party, 50% of the money as one time alimony / money settlement since they withdrawn 498a and DVC cases.
