Civil Procedure Code (CPC)

false dowry case

This query is : Resolved 
 

(Querist)
28 February 2016

Hello sir
My wife had been living with her parents for last 4.5 years and 2 month back we had a meeting with her elders and our elders participation.we decided to take mutual consent divorce.now we are asking them for first motion and they are saying that they have filled dowry case on us and it was filled before meeting.but we did not receive any notice ,no phone call from police station till date. I have two queries...
1)Can dowry case be withdrawn by my wife?..
2)Now how to resolve this issue? kindly suggest....
3) should we start first motion and give them first cheque of settlement amount?
Kindly help please...


laxmikanthOnline (Expert)
28 February 2016

Mr.Pankaj Kapoor... I think the case filed by your wife might not be registered yet. That's why the police did not come to you till now. Your wife can withdraw her case and both of you have to file a petition for mutual consent divorce by depositing the settlement amount in the joint account of both side elders which should be paid to your wife at the time of final disposal of the divorce case. A separate agreement may be entered regarding the payment of settlement amount to avoid future complications.

Rajendra K Goyal Online (Expert)
29 February 2016

The terms of withdrawal of all pending cases / complaints be a condition of the mutual consent divorce. Let your lawyer guide you properly in drafting the petition accordingly.

P. Venu Online (Expert)
29 February 2016

May be they have not filed any case; it could they are trying to hold forth a bargaining chip.



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