lack of understanding of the court procedure is creating such problem. Assuming that your criminal complaint has been turned into FIR and the matter is posted before the magistrate, I explain the correct position.
1. Your divorce petition cannot be chantged to MCD only with your consent. Not only his consent but also his presence (here some advocate differ and say that by way of POA it can be done) is required at the time of first motion, where in on oath you say that you are receiving half of the amount and also cooperate to withdraw s.498-A case. After receiving that amount you sign the first motion.
2. Your husband will approach the HC for quashing of FIR and criminal proceedings. There you appear and give statement that you will agree for the same. Then only S.498-A case will be quashed. Magistrate court has no power to quash S.498-A case. Get assured that HC will oversee that you receive at least a part of settled amount before asking you about your consent to withdraw criminal case against husband.
3. In the second motion you appear and take remaining amount and sign the second motion and divorce decree is granted.
TO AVOID MISCHIEF FROM ANY ONE OF THE PARTY, the following procedure, even though cumbersome, can be adopted.
1. Both the parties reach to a written agreement mentioning about the amount, filing of MCD, withdrawing of criminal case.
2. If anyone goes back from the written agreement, the aggrieved party can file a suit for recovery of amount/specific enforcement of the agreement. It is a cumbersome, costly and lengthy process.
ANSER TO REMAINING QUESTIONS:
1. RCN is a rare phenonmenon in matrimonial matters. In divroce case, If you know his correct address and his employer's address, you can get it served to him directly as well as through his employer. It can also be served through Ministry of External Affairs. His refusal to receive deemed to be sufficient service.
2. In section 498-A case, if he does not appear and if he has immovable property here, that can be attached.
