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dhirendra pateria (law officer)     11 November 2013


out of court settlement, FD in the name of girl made, no written agreement, girl has only submitted her affidavit in 498 case where she has stated that full and final settlement has been made and she will be entitled for FDR only after the withdrawal of 125 and filling of 13B , but now refusing to file the mutual consent suit ---What is the remedy now ???

dhirendra pateira 


 4 Replies

Dr J C Vashista (Advocate)     11 November 2013

What are the terms of agreement? when the amount is to be paid? It will be safer to pay the remaining amount in two installments i.e., after second motion and balance after quashing of FIR 

T. Kalaiselvan, Advocate (Advocate)     11 November 2013

It is fine if she is not willing to give her consent for divorce as already agreed upon and is withdrawing from her own statement.  Whether her affidavit has been filed in the court or do you have a copy of the said affidavit in which she is stated to have agreed to the conditions therein, with the copy of the affidavit as a base, file a divorce case on the grounds of cruelty, you willl succeed in your attempt, let she not withdraw the 498a or 125 cases, you can contest them also on the same basis, she will be the final loser.

1 Like

dhirendra pateria (law officer)     12 November 2013

sir , if not filing 13b what is the remedy now? 

Dr J C Vashista (Advocate)     13 November 2013

Section 13 B of The HMA has two motions i.e., first motion followed by second motion after cooling off period. Has the wife given her statement in first motion and agreed for MCD? Give full facts of the case and then your querry.

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