Pankaj (xxx) 22 January 2014

Settlement procedure in 498a in patna hc

Hello Sir,

Need help in understanding the process of settlement in 498a in Patna HC. To give the background.. I filed divorce case on cruelty in 2008. My wife filed 498a in 2009. The LC proceeding is on stay by HC patna as I filed 482 to quash 498a. Now we agree for settlement and inform the same in HC. Now I would like to know what is procedure to pay the money for one time settlement and get rid of 498a and also get divorce. Can i deposit the DD in HC or I have go to family court where the divorce case is.

Thanks in anticipation.

Thanks

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 January 2014

Dear,

See when you both file the divorce petition under section 13B, there are two motions which needs to be filed, now a days the trend is that when you file the first motion you pay 1/3 of the total amount, then remaining 1/3 on second motion and once its done and the divorce is complete then you will go for quashing the FIR pay the last and final installment there. That's the best and safe way.

Advocate Kapil Chandna

9911218741

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 07 February 2014

This site and many public platforms are full of agony of husbands who part with money without complete settlement of cases.

Please make arrangements for payment only after all court formalities are complete.

At the most you can give third party assurance for payment.

Pankaj (xxx) 06 June 2015

Dear Sir,

I filed divorce case in Delhi which eventually transferred to wife's hometown Khagaria Bihar. She also files 498a against whole family along with other IPC 323, 341, 406, 313, 315 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Eventually on the ground of mutual agreement Patna high court quashed the case in last yer June for me. For my relatives HC quashed the case last month. we paid money for full settlement before the quashing. Now i have two query:

1) What is the procedure to close the case in lower court? I can see the lower (CJM) court is still has date (for appearance) next month.

2) What is the process in Bihar to get divorce on this basis. Mutual agreement also mentioned that both party (i and wife) will part their ways and get divorce from family court. No party has to do anything with other. Can she ask for more money in family court for divorce?