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raj   04 September 2016

Mcd divorce

Hi All,

My wife has filed a case against me and my family member 498a, DP4&6, 506,406, now they want to settle the matter and apply for MCD, right now it is in FIR stage and recently i got detained in the airport and remanded then came out on bail.

1. What is the best way to Quash the fir and settle the issue.

2. What would be the duration to get the divorce? Is there any fast procedure

3.While in divorce period or post divorce, whether she can file any cases against me or my family memeber?

Please help me with the suggestions.

 



Learning

 4 Replies

Anish   04 September 2016

Mr. Raj 1. The only way to Quash a F.I.R. is to aproach the Hon'ble High Court of your state after the settlement with your wife, because only High Court has the power to Quash a F.I.R. 2. The fastest way is through Mutual Consent, and that takes a minimum period of 6 months. In this both the parties should be agreed for divore. 3. After settlement she can not drag you or your family in any matrimonial case for which the settlement has done. Adv. Anish Sarna, Delhi High Court 9953783232

whatnot   04 September 2016

Once 498A is against you, the trust in marraige is over and you would be tainted.

Since you're already out on bail. Fight 498A. This site is rich in resource in fighting 498A. Win on merits.

 

The reason they want MCD is probobly there is nothing against you. Don't surrender. You don't have to go all out to teach them a lessoon. But you can push all right legal buttons to get 498A dropped..

 

The best way to play is continue to show intrest in MCD. Put one of pre condition is to withdraw the 498A. The rest you can fight.

 

Never compromise.

 

MCD isn't worth the trouble (money). If you can win or allow them withdraw you have upper hand. Flase 498A qualifies as a creulty and you can get divorce on this ground.

She can put any case she wants. Just don't yield. Fight and they will back out.

Anyways you have spend sometime. Might as well fight for the cause


(Guest)
Agree. If you surrender and sign MCD you'll not only set a bad example so that many others will suffer due to false 498s but you'll shell out a lot of money also. Make them pay for what they subjected you to by first asking them to wuthdraw cases and also minimize alimony. If they need divorce (eg for remarriage), you already have upper hand. You can use that as a leverage to leave her with bare minimum alimony. You can keep her around courts till her hair turns grey and still not get divorce.

Sood   04 September 2016

You can see my answer in pathlegal where only advocates are giving best solutions.

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