498A Settlement
Guest
(Querist) 11 April 2011
This query is : Resolved
we reached a settlement in mediation centre to end the 498A case filed by my wife at zero alimony as I was not ready to pay anything and my wife was to eager to get divorce. I told them that unless the the case continues I will not let divorce happen. Their demand was initially 10L and gold then they ultimately agreed for zero and we signed a memorandum in mediation centre that says that 498A shall be quashed and all parties shall withdraw any other civil or criminal cases against each other.
The Memorandum states that the divorce shall be effective today and we shall apply to the family court for a formal decree of divorce mutually on the date fixed in the memorandum.
The mediator said that 6 months time is not required when this has been agreed in mediation and once we file petition divorce would be granted immediately. Is is the case as I have heard that there is a six months waiting for second motion.
M.Sheik Mohammed Ali
(Expert) 11 April 2011
if both are mutual consent divorce so no need wait for 6 months.
Guest
(Expert) 11 April 2011
SIR,
KINDLY NOTE THAT
1.A COMPLAINT IS FILED AGAINST YOU AND YOUR FAMILY UNDER SEC.498A AND OTHER PROVISIONS.
2.YOU HAVE ENTERED IN TO MUTUAL AGREEMENT TO COMPROMISE THE MATTER.
3BUT KINDLY NOTE THAT SEC.498A OF INDIAN PENAL CODE IS NON COMPOUNDABLE AND CASE CAN NOT BE WIDRAWN BY COMPLAINENT BY SUBMITING ANY APPLICATION OR AGREEMENT.SO BE CAREFUL THE CASE WILL BE KEPT FOR EVIDENCE AND IN CASE THE COMPLAINENT TURNS TO BE HOSTILE AND SINCERELY WANT TO WIDRAW THE CASE THEN SHE SHOULD GIVE EVIDENCE AS PER THE DIRECTION OF LEGAL EXPERTS OR ELSE GOVT.LAWYER WILL ALWAYS TRY TO PROVE THE COMPLAINT AND STATEMENT OF COMPLAINENT IN F.I.R. WHICH IS RISKY FOR HUSBAND.
4 SO IT IS ADVISIBLE TO FILE A CRIMINAL WRIT PETITION FOR QUASHING THE SAID COMPLAINT UNDER SEC.498A AND COURT WILL ISSUE NOTICE TO OTHER SIDE.
AND ON RECEIVING SAY.THE COURT MAY QUASH THE MATTER.GOOD LUCK.
Guest
(Querist) 11 April 2011
The mediation that we arrived at an agreement is part of the criminal writ petition and it is the way it works that once the mediation is agreed and the mediation centre finalises the report the case(writ) is listed and HC will quash the FIR and subsequeent proceedings. In this case the chargesheet is also filed but cae not yet begun so that will also be quashed under the same writ.
The question I had was about the divorce 6 mths waiting for second motion.
