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Sridhar (Engineer)     12 May 2013

498 a & 3 and 4 of dv act

Hi,

My cousin who has 498 A and 3 & 4 of DV cases got his divorce recently on the grounds that both wife and husband are staying away from each other for more than 3 years. He has filed the divorce petiton on false case allegation (cruelty & harrassment), and desertion. His wife has given consent and the divorce was allowed and has been granted.

She has later signed MOU wherein my cousin would pay the money for maintenance and closure of the case. However, when the case has come for trial yesterday, she has taken a date for giving evidence against my cousin and his family. They have already taken 50% of the amount and want to pursue the case. Doesn't that amount to cheating? Taking divorce when the 498A is in court is good or not? Will the judge take MOU into consideration at the time of the case? Please advise.

 

Thanks in advance.

Sridhar

 



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