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Ramsh (engineer)     01 May 2012

498 & dv

Dear Sir

I am taking mutual divorce. I want to know whether my wife can file false cases of 498, DV etc. after passing the divorce decree. Please advice what should i mention in divorce petition so that in future i not have to face any problem/harassment regarding false allegations..


 2 Replies

Anjuru Chandra Sekhar (Advocate )     01 May 2012

In the terms of Mutual consent include the point that this divorce of mutual consent is based on the agreement between the wife and husband that :

1. neither of the petitioners will initiate criminal proceedings against each other either during the pendency of petition in the court or after the court issue decree granting divorce on mutual consent due to the reason that there had been no grounds which makes anyone of them liable for criminal action against other and both the petitioners agree that both of them led a peaceful life and agreed to arrive at the decision of mutual consent based on mutual understanding with each other that, this marriage could not succeed only because of lack of compatibility between the petitioners and no other reason can be adduced such as to make them liable for any criminal proceedings. 


and such other points, as may be agreed upon based on the discussions and understanding reached at, like:


2.  That the petitioner wife will not claim any maintenance amount nor file for that relief from any court of law, owing the full and final settlement of payment of Rs.10 lacs by the petitioner husband to wife.


rightly advised by adv chandrasekhar. this is to ensure that she is barred from taking any mischievous criminal  action against you after the decree

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