Divorce and 498a quashing

first apply MCD and in mean time for quash petition in 498a and in mean time your mutual consent divorce will also be completed 

We have applied for MCD and seeking for divorce decree but the judge has told to close all issues and then come. Our lawyer advice is that we sign the 498a quash petition and then go to family court. we have received all our belonging except for the one time alimony which the other side has agreed to pay during quashing of the 498a at high court. Our worry is that if we sign the quash petition before divorce decree, he might not come to family court thereafter, as he is not concerned much about divorce. He want's the close the 498 case somehow..

Thanks one small correction. The divorce was filed under section 13 and during mediation both parties agreed for divorce with exchange of belongings, not competing with DV and 498a. Generally after mediation the divorce is granted but in this case the judge has asked to clear all issues pertaining to the mediation

Once the case is settled in mediation , Judge can not further demand to close all other case ..

What is the settlement clause ,

suppose you have settled your case for 10 lakhs ,

withdraw DV + Divorce = 5lakhs ...

Produce the copy to family court judge and seek for divorce decree , latter file for quash in high court with Mediation , DV withdrawn and Divorce decree , sign a joint memo for 498a quashing .

Once completed give her remaining 5lakhs .

This problem quite often crops up because estranged spouses are suspicious about each other's steps.  If wife is more interested in divorce, then the quash of S.498-A before H.C. can be taken up between the first motion and second motion, but in the quash petition filed before the H.C. and withdrawal of the complaint, it must be recorded - "the both parties appeaer in second motion and in the event of husband does not appear in second motion, then the complaint under Section 498-A will be revived at the behest of complaint" and then husband can pay entire settled amount before the H.C.  Otherwise, if husband is more interest in divorce, he will get it recorded in H.C. quash petition "As the entire amount has been paid, if the wife does not cooperate and appear in second motion, the court is entitled to grant divorce decree in the absence of wife."  If HC accepts such condition in the agreement, then the problem will be solved.