Mutual consent divorce

Dear Experts,

Please advise :

1. Wife staying with parents since July 2014

2. Wife filed false FIR u/s 323/341 in October 2014. No chargesheet filed yet

3. I have been staying in rented accommodation away from family since September end 2014 fearing that she might come there and occupy space in my parents property. She knows address of my rented accommodation. 

4. Wife agreed for MCD with one time settlement

5. In the draft Petition, advocate mentioned wife will compound the FIR in the competent court

Queries: 

1. I want to stay with my family after filing MCD. Can i stay with my family after MCD is filed or still  my wife can come there and ask for residence. 

2. As i have learned from this forum, unless chargesheeted, charges can be withdrawan by filing in applicaiton the concerned police station while the draft petition says compounding the charges in competent court. please advise.

Regards,

LL

Sir,

In the mutual consent petition, has it been mentioned that after divorce , the wife shall not claim any right over the estate of the husband?

Also i doubt there is any such procedure to withdraw the complaint from the concerned police station. As such law says that the only way by which ther case can be disposed off is through compunding. However the local trend differs from state to state.

Dear Augustine,

Thanks for your response. 

Yes, in the draft peition it is mentioned that "after divorce, the wife shall not claim any right over the estate of the husband or his parents". Do you want to say anything on this point?

On the other point of FIR, i spoke to two lawyers and they were of different views one said it can just be withdrawn by filing an application in the police station while the other said that it can be done in the court by filing an applicaion. 

I would request other experts to throw some light on this.

Kind regards,

LL

Dear Experts,

I need to meet lawyer tomorrow for finalising the petition. Please can you guide me on my queries. 

Regards,

LL