Mcd agreement plz with clauses mentioned


My MCD is on its way.Its been decided by the lawyers to settle it mutually .I had filed 498A  and the procedings have nt yet started though chargesheet has been submitted.

lawyers want that  MCD will be filed mutually signing an affidavit  ,then i will withdraw the 498 A case against him.but sir the decree has nt passed he may withdraw from MCD if i withdraw his case and the same running behind lawyers and court will continue.

Cant there be any clause in MCD which will bound me to withdraw the case after decree so that his lawyer will have trust on me that i will withdraw the case.

Kindly help


is 498a filed just for getting divorce ?

Total likes : 1 times



Dear Anita

If you are ready to withrawn all the cases and get MCD then no need to worry mentioned the line in your MCD Agreement that after getting Divorce decree I will withrawn all the cases against him. and not mention in the agreement another words suggested by his lawyers

feel free to call

Nadeem Qureshi




Their lawyer is taking this initiative and he is saying that its understood  in the format that you will take out cases against him and he also cannot lodge any case against you.But i want to make this written as mentioned above that "After getting decree i will withdraw case against him".Can you please mention the same for me "how to write in clause" so that i can ask him t put this clause,

Moreover sir,if after filing MCD im withdrawing the case citing that MCD has been filed coming up for settlement...then if he reverts back in 2nd motion can i again reopen the case.

Please advice


If u demand that MCD shud happen b4 u withdraw 498a, it wont be acceptable 2 boy's side.........I doubt, coz in the past many girls have taken money + MCD, the boy side still grappling with 498a.....hence the boys/lawyers have become smart enough to safeguard their trust left u know.

To my knowledge if u r true 2 ur word & do not want much conflict......may write down some monetary penelty in agreement if the other party withdraws consent.

Total likes : 2 times

Legal Evangelist - TRIPAKSHA

It would actually depend upon the HC practise.


In Delhi the same is not quashed by HC before decree of divorce is granted.


However elsewhere it is quashed even w/o decree of divorce.


You can put a condition which are condusive to you.





Shonee Kapoor




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