498a

Gaurav (Querist) 15 June 2012 This query is : Resolved
Hi,
In my case settlement is done.
1st motion of divorce is done.
Now , IO says that he will be filing charge sheet in court.
a)What will happen after filing charge sheet?
b)After how much time of filing the charge sheet by IO we need to got to court?

Gaurav

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Devajyoti Barman (Expert) 16 June 2012
So you are going for mutual divorce without settlement/dismissal of 498A case??
That is really bizarre.

Adv Archana Deshmukh (Expert) 16 June 2012
In your settlement you ought to have mentioned about the quashing of the 498A case. Talk to your lawyer and tell him about the pending 498A, do it before the second motion.

R.K Nanda (Expert) 16 June 2012
First ask ur wife to withdraw 498A case and then go for second motion in MCD.

ajay sethi (Expert) 16 June 2012
agree with mr nanda . let 498 A be with drawn first

Gaurav (Querist) 16 June 2012
Hi All,
As per the agreement,
1) 50% at the time of settlement.
2) 25% at the time of first motion.
3) Nothing at the time of second motion.
4) Rest 25% at the time of FIR quash in High Court. This is decided in settlement
document.

My lawyer , judge and mediator said that FIR can only be quashed after 2nd motion of divorce and it has been clearly mentioned in agreement.

Shashikant V. Patil (Expert) 16 June 2012
If this settlement drafted conditional then there is no way. You follow, wait and watch.

Shonee Kapoor (Expert) 16 June 2012
Then don't worry, the trial court would summon you. Where you both can go and state that as settlement is reached both are going for quash the court would give you long date to complete quash.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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