Deepali 14 March 2018

Help needed on the next steps for my mutual divorce case proceedings

Dear lawyers,

I need your help in suggesting inputs on my below query-

My husband and I have been married since past 10 years and have 2 kids. Lately due to issues of domestic violence, I filed a 498A case against him. He then filed a writ petiton in Allahabad court and the same was transferred to mediation cell. We reached to a settlement during the mediation on the alimony amount and the custody of the kids. As part of this settlement, we also filed a mutual divorce case in Indore civil court. The settlement also said that the decision on FIR (whether to quash before or after the second motion) will be made by the Allahabad high court. Now the high court has passed the order that the decision will be taken post the second motion. But still, my husband is not turning up for the second motion and making lame & silly excuses. It is quite obvious that they are not willing to let second motion happen unless their FIR is quashed.

Request you to suggest me with some measures that can be taken against him. I am ready to fight the case if need be but was hoping it to end peacefully earlier.

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1 Replies

Vijay Raj Mahajan (Advocate) 15 March 2018

If he is not coming for second motion, the divorce by mutual consent petition will be dismissed after 18 months by the Family Court and you will need to file a fresh divorce petition.

The High Court will not pass order for quashing FIR if second motion not completed, rather quashing petition will be dismissed by the High Court and the criminal proceedings against the husband u/s 498A IPC etc. will continues.

The husband not understanding this, then the counsel/advocate of your husband should be contacted by your counsel/advocate to get this in the mind of the husband to cooperate in the divorce proceedings.

By not trusting and following the order of the High Court that the quashing order or desion in this regard will be passed after second motion is complete, amounts to contempt of the court by the husband. The application for contempt of court can be moved in the High Court if the order is not being followed by the husband in the Family Court for divorce proceedings.