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Aryan Goyal   01 May 2024

Mutual divorce agreement

Greetings of the day.

My wife left home in June 2019 and filed a dowry complaint in Jan 2021 which got converted into 498a in court May 2022. I am also facing DV case since Jan 2022 and 125 MNT since Nov 2021.

Now we have come to a verbal agreement of lumpsum 13 lacs for lifting all of the cases and file 13B for divorce, I have to pay in 3 instalments in form of demand draft. On the first installment, they will file application for 13B and will make a written agreement,

1. Is this the right procedure?

2. What points must I keep in the agreement?

3. Can the wife still file for any other case after divorce? If so, how can I prevent it?

4. Any other point / advise that I must take care of?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 May 2024

There will be a format.You can obtain the same from court office.Take help from court officials.

T. Kalaiselvan, Advocate (Advocate)     02 May 2024

She cannot withdraw the criminal complaint even as a part of the agreement.

You may have to file a petition under section 482 cr.p.c to quash the chargesheet on the basis of mutual consent divorce for which she has to file an affidavit in person before high expressing no objection.

Then only the criminal case can be disposed.

Alternately she has to turn hostile witness during trial proceedings after which you can be acquitted by trial court.

After divorce she cannot file any other case until you don't disturb her for any reason after that.

 


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