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Rachna (Associate)     08 April 2010

Divorse

A Divorse case was pending in Dist. Court in which both the parties agrees for compromise and the court ordered both parties to withdraw the other related cases filed by them against each other. A complaint case u/s 498 was filed by the female in lower court and its corresponding proceedings are also running in supreme court from the male party in which the female was not appearing after notices, summons so the SC  put a stay over the case restricting the further proceedings of the same case by the lower courts. When both parties were signing the divorse, the withdrawl of 498 case came into question & lower court denied the female party for the withdrawlof the same case stating that there was a stay by SC. So the female was asked to approach  SC to withdraw the case and in case she doen't go, she has made a statement stating her consent for the withdrawl countersigned by the Judge of the Dist Court long with the seal of the Court.Now my queries are:

1.Would her statement be enough for the withdrawl of case in SC?

2. Would there be any effect of that pending 498 case on the Divorse i mean to say that divorse would be effective or not ?

3. Can appeal be filed by any party against the Divorse Decree passed by the Court reached by compromise between the parties? if so what is the limitation for that?

4. What wud u suggest for the marriage of any of the parties i.e. after how much time they can get married ? 



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 2 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     08 April 2010

1) According to the court's order of dismissal of proceedings, her all case stands final. Even if the case is pending and as she has willingly accepted compromise divorce. No need to worry only to keep the copy of Compromise divorce Decree

2) Divorce will be effective

3) no if it has been specified both the parties have compromised for the divorce. appeal normally is to  be done within 30 days. 

4) It is sole discretion of the parties to have another marriage at any time they deem fit.

 

Kuljit Pal Singh (Legal Professional)     08 April 2010

Dear Friend,

The point-wise answer of your query  may be as follows:

1) If the offence u/s 498A is compoundable, the statement of female will be enough.

2) Divorce case and case u/s498A are independent to each other.

3) Appeal against compromise decree can be filed with in 2 yrs but the party has to prove 'fraud element'

4) Parties are free to marriage on very next day but period of 30 days is advisable.

Hope it helps... Regards


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