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Mutual Consent in Divorce & dropping of criminal cases

Querist : Anonymous (Querist) 04 December 2010 This query is : Resolved 
My wife has agreed to give mutual consent in divorce and file an affidavit stating that she filed false case in DV,498 A etc., I want to prepare the document on this lines... how to prepare it.? can u throw some light... is 1 document itself enough or should I prepare document for each case
ashish lal (Expert) 04 December 2010
as far as 498A is concerned, you have to get it quashed from high court. DV petition can be withdrawn from the court.

The agreement on the basis of which the mutual divorce is being agreed upon has to be stated in every petition.

Stating that she filed false cases against you, according to me is a wrong choice of sentence.
Arvind Singh Chauhan (Expert) 05 December 2010
I agree with Mr Ashish Lal.
Arun Kumar Bhagat (Expert) 05 December 2010
It is advisable to prepare different sets of documents for different cases.498A case can be dismissed for non-prosecution u/s 245(2) Cr.P.C in private case and in Police case the court can by examining the defacto-complainant close the prosecution evidence and can proceed to next stage.
Devajyoti Barman (Expert) 05 December 2010
Such compromise petition is necessary only for mutual divorce. For crminal cases you can adopt the procedurenas suggested by experts already.


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