anonymous 23 April 2016

Filing a divorce without quashing 498a and dv case

question : there's a false case under 498A and DV and 125B case filed and now my wife wants to settle that with appropriate settlement. Her counsel as well as my counsel adviced to go in the following way but i have a question around the solution suggested which is as described

1. file a divorce 13b with mutual consent and Retrun her belonging / streedhan

2. then followed by withdrawing DV case and 498A case which will be done by her

i have following question, pls. have a look at it and guide us accordinlgy

1. Is it okay to file a divroce 13B without having the 498A and DV cases with drawn ?

2. It may happen that after filing the divorce and Returning her belongings / steedhan etc she denies to with draw the 498A and DV cases. Whats the can be done in such a scenario

3. Rather than filing a divorce isn't it better to have the pending cases sorted / with drawn and then go for a divorce 13b

4. Once the divorce deed is executed and is registered, say down the line she denies to go ahead with the proceedings for granting the divorce / decree and takes a U turn then in that case whats the alternative and a way out here ?

5. Another important question is while withdrawing 498A charges wherein she may turn hostile, do we Require any of her family member (father, mother, brother) to be available during the case resoultion when her statements are registered. Her counsel is arguing that we do not require any of her relative as a witness either during withdrawing 498A nor during divorce registration. Is this true and acceptable ?

6. Also once the charges are withdrawn what is the legal procudure / documents that we need to procure from court that certifies that there are no more chagres pending and you are free bird

7. Is there any difference between divorce dcoument and a divorce decree document ? Is it necessary to procure a decree once divorce is solemnized

Thanks in advance

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4 Replies

Rohan Anand 24 April 2016

Do not file mutual consent Divorce without getting releived from all cases !!!

And thereafter while going for 13B, add clauses that everything is settled and both cannot file cases civil or criminal in future.

Also you can go for MoU (Memorundum of Understanding), but again this should be done after you get releived from all cases, which can also help till you go for second montion of 13 B.

And be bold and polite in all your communications with FIL and/or wife.

anonymous 25 April 2016

Thanks Rohan for the Reply...

Awaiting Valuable Reply from other folks...appreciate it

anonymous 28 April 2016

awaiting few more advices / suggesstions. Pls suggest

Sidharth 01 May 2016

For mutual divorce:

You need to sign a settlement deed with your wife.

Everything must be clearly written that how much will you pay and at which stage. Who will bear the expense of quashing of FIR, mutual divorce petition etc.

Copy of settlement deed to be given to every court where your case is pending.

DV case can be withdrawn by complainant at any stage.

For 498a , when you give copy to trial court. Trial court will give you time to file quash petition in HC.