rockytalwar (self business) 05 March 2016

498a removal through compromise

Hi All,

I have 498a, DP 4/6, DVC and crpc 125 by my wife. Have no kids.

Myself and wife have come to a mutual agreement and want to go for a mutual constent divorce with some amount to be given to wife.

how to get 498a, DP 4,6 and DVC, crpc 125 cases closed without any further future litigations? I have suffered much and want to ensure no litigations can be created
by wife in future. What all points i have to consider to avoid any problem in future.

Which is the best way to close the existing cases. What should be the way so that the wife can put any cases in future

whats the way so that wife cannot claim any maintainence or alimony or put any further cases in future once the divorce is done and full n final settlement amount is given to wife.

Below options i can think, which one is better?

option 1:
Lok adalat: After the compromise has been agreed and judgment passed in lokadalat, Can it be appealed in any another court like
Highcourt or supreme court? I heard that lok adalat mutual compromise cannot be appeal anywhere in HC or supreme court. is it true?

Option 2:
Quashing the cases in High court based on mutual compromise.

Which one is better solution in order to avoid any future lititgations.

Thanks,
Rocky Talwar

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4 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 06 March 2016

N.B.SAWANT.M.COM.LL.B.ADVOCATE HIGH COURT,MUMBAI.

SIR, YOU MAY FILE A WRIT PETITION BEFORE THE HIGH COURT HAVING AREA JURISDICTION AND MENTION ALL FACTS AND MENTIONED ALL CASE NOS. OF PENDING CASES IN VARIOUS COURTS. FILE CONCENT TERMS BY HUSBAND AND WIFE AND PRAY FOR TAKING THE SAME ON RECORD. HIGH COURT WILL PASS APPROPRIATE ORDER. THEN YOU MAY SUBMIT THE COPY OF SAID CONCENT TERMS AND HIGH COURT ORDER BEFORE VARIOUS LOWER COURT AND BOTH APPEAR AND PRAY FOR ALLOWING TO WIDRAW THE PENDING CASES. YOU WILL SUCCEED. GOOD LUCK.

Vijay Raj Mahajan (Advocate) 06 March 2016

Option number 2. Go ahead with quashing petition in the High Court of your state followed by divorce by mutual consent. Best and most safe manner to settle matrimonial disputes.

SAINATH DEVALLA (LEGAL CONSULTANT) 08 March 2016

First file MCD,cooling period may be waived by hon court depending upon the circumstances.498A,DV etc have nothing to do with MCD.That's entirely different case. Only after MCD is filed she can submit the copy of the MCD filed along with the mutual agreement and then plead/pray that the criminal cases filed are hence forth not being pressed., This is my opinion as per my legal knowledge