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Rohit Sharma (Self Employed)     22 May 2013

Joint pettiion under sec 13 hma

My wife filled three cases against me 1. Under section 498A, 2 under section 125 and, 3 Under section 13B of Hindu Marriage Act. After discussion we are agreed to take divorce and I am agree to pay alimony ( one time fukl and final ) and we are agreed to file joint petition for divorce. Now My Question is. 1. She is agreeing to withdraw all case after final decree if Divorce and the same will be mentioned in Joint petition filled by us. In case after divorce if she is not withdrawing Case 498A and 125 than what is option with me. 2. As per the High Court Order I have to Pay RS 1500 Per month ( While taking AB under section 498A) the same also paid by me for 15 Month continuously after than for rest 8 month i stoped payment due to my financial condition and the amount is unpaid. In this case they want this money till the final decree of divorce. (What is the option with me). 3. What step (precaution) I can take in Joint Petition so she or her parents can’t demand anything more in future with me and can able to settle my life without any interruption from them. Please suggest as earliest.


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 6 Replies

Tajobsindia (Senior Partner )     22 May 2013

1.    Sit with seasoned advocate and draw up terms of agreement if already not done. In them mention how balance amount to be paid. In them mention if parties agree to deposit DD of agreed amount with Court (file) subject to drawing decree in MCD and with which quash of S. 498a cooperation and withdrawal of S. 125 CrPC by wife. Also mention a line that agreed payment is towards all her past, present and future claims to this marriage. Also mention post decree parties will not claim anything from other party and or will not file any nature of cases against each other including family members. These are standard paras in a Agreement hope they have been incorporated or planning to be incorporated and if done then why this question?.

2.    You have asked limited question hence above large verbatim para is time being replied

Rohit Sharma (Self Employed)     22 May 2013

Thank You sir for your reply, We already discussed with Opp parties they are saying they will withdraw all cases after finnal dicree of divorece. and the same will be mentioned over JKoint pettion. My qiestion is after getting divorce if she is nor withdrawing cases againt me and my parents than what can i do in this case.

Rohit Sharma (Self Employed)     22 May 2013

We are agreed to deposit the money in the form of DD in the court of law.

Tajobsindia (Senior Partner )     22 May 2013

In that event approach state’s HC for reprimanding her not to resile from joint statements, that is all is left out option, and, it is normally directed to her to co-operate, and, eventually you as a party may lose some more money in advocate fees approaching HC to seek such directions.  

[Last reply]

Rohit Sharma (Self Employed)     22 May 2013

Can we file case of cheeting against her and har parents in case if they not withdrawing cases against us.

ajay sethi (lawyer)     22 May 2013

why you want to spend more money on legal fees on filing cheating case ? cross  the brdige when you come to it . as on date not even consent terms have been signed .your wife has agreed to incorporation of clauses regarding with drawal of all cases and will coperate in having 498A quashed .


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