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Queries Participated

K*I*L*L*E*R   19 April 2014 at 11:11

13b mcd

Dear experts
As per the mediation agreement in hig court i filed divorce u/s 13b hma ,first motion passed and statements recorded

the reader in front of judge asked her
1.how much money u settled in total
2.when marriage happened
3.ur bound with the agreement
4.how installments will be paid
the same questions aske from me tooo
along with the petiotion and affidavit we attached the mediation agreement also which is done in high court,the judge further asked us to attach the copy of vide order when the judgeg referd us to mediation which we attached

now how much safe im for quashing of my fir 498a/406 after the econd motion
is these statments r enough to quash fir ,if she doesnt appeat at the time of quashing in high court

K*I*L*L*E*R   12 February 2014 at 17:04

Mcd 13b

Sir need to inquire about 13b mcd,
Im going to apply in couple of days after first motion will the second motion date be provided to me by the judge or I can put second motion after assuming that six months r over

Example if I apply for first motion on 1st march so the second motion will be in 2nd september

K*I*L*L*E*R   26 January 2014 at 10:49

Second motion 13b mcd

Dear Experts,
We filed mutual consent for divorce in July'13 and court has given us the date next week for second motion. Can you please tell me:
1) what is the court's procedure on second motion date?
1a) do they refer us to mediation first in second motion?if yes then after mediation how long will it took to get judgement of divorce
2) Is there one more date called "judgement date" after second motion date?
3) Will the judge does not pass the judgement on second motion date?
4) When will the judge writes the decree and pass it to department to print?
5) How long will it take for me to get the printed decree in hand? Will they take days or weeks or a month?
6) Can I apply for the certified copy on the second motion date ?

K*I*L*L*E*R   05 January 2014 at 12:09

Mou for divorce

Dear Experts you all have been a great help on this forum,and today i am here again to get ur expert opinion

My wife put 498a 406 on me and the matter is settled in mediation cell of the high court as per court order fir is to be quashed after divorce and it also in the knowledge of court that mediation settlement has been reached in the case

so im going to prepare MOU for divorce which im going to apply in couple of months under 13b mcd

Q1. do i need a seperate MOU for divorce or we can attach the same mediation settlement deed as the mediation settlement paper contais all the points like she will bound to quash my fir and how i have to pay her the full time litigation money ,as per mediation agreement she took her istridhan and given us written on astam paper that they reedemed their articles and i attached the pictures of theirs taking back their articles in my 482crpc which is pending and adjd sine die by court till divorce

but someone told me it is better to frame new mou because her statements has to be recorded in the court so plz advise what to do

thanks

K*I*L*L*E*R   01 January 2014 at 02:51

Punching in passport

Dear experts

Im accused in 498a 406 case and as per high court order I submitted my passport with investigating officer yesterday my io told me he will punch the holes in my password and attach it with my file when he will submitt the challan in court

Its shocking to me how cum he can punch hole in my passport is it true that police can punch up in my passport
Thanks

K*I*L*L*E*R   27 December 2013 at 14:04

498a quashing

Dear experts,
My wife filed 498a, 406 on me and my family and later the case get comoromised inside mediation centre of hc
Now we r going to pay half payment at the time of divorce and the rest half at quashing
As divorce has to be done first under 13b mcd and later quash will be taken up

1What if she doesnt show up at quashing time will my quash gets strucked or delayed in that case

2 some people told me that court will quash the fir if even girl will not show up on the basis of mediation agreement is it right
Plz guide thanks

K*I*L*L*E*R   29 November 2013 at 12:53

Police not filing challan

Dear experts

Details of case

Wife filed 498a 406 after 20 days of marriage
Case went to mediation cell of high court and settlement reached there
Judge order "fir is to be quashed after divorce by mutual consent till then application under 482 pending and ajourned sine die

Now the main point

Challan has not been presented in court
The I/o called me and told me that they r sending application to comissioner of police to see wether to submitt challan to court or not as there is no point to present the challan as the case is already settled in high court

Even we know if challan submitted in court it will unnecessary botheration for me and my whole family even we also dont want that police should submitt challan in court as everything is settled by the high court
In the request letter my io mentioned that no useful purpose will be solved by submitting the challan

So my question is , is it possible that my challan would be put on hold by comissioner of police or its just a trickby the police to delay the challan

K*I*L*L*E*R   24 November 2013 at 19:20

Police clearence after fir quashing

Dear experts

If I apply pcc after quashing 498a 406 will there be mentioned in the pcc that I have criminal record and case was quashed

Thanks

K*I*L*L*E*R   21 November 2013 at 18:04

Mediation in high court

Hello experts and form members

When the case is reffered to mediation and counceliation centre of High court and the agreement arrived and after that the court accepts the compromise in 498a 406 case.

What r the chances if after following and fulfilling own terms by one party backs out in the agreement
Is there any action one can take against them or the only option left is to contest the case

If on negative sens we assume that we can not do anything if some one backs out the compromise then what is the purpose of setting up mediation centres insidethe court

Thanks

K*I*L*L*E*R   18 November 2013 at 16:43

Criminal process

Dear experts

My fir quash under 482crpc is pending and adjourned sine die in high court by honable judge, its mentiond in the order that fir to be quashed after divorce by mutual consent

I have to pay 2 instalments one at time of 2nd motion in 13b and other at the time of quashing through dd in court as per compromise

Q1 is there any chance that my wife after taking divorce doesnot come for quashing
Q2 after divorce how much time will take to quash the fir as the petition is pending and adjourned sine die
Q3kindly tell the process after divorce how quash will be done

Thanks