pankaj kapoor 21 May 2016

MCD urgent query...

If wife has filled case of 498a on husband and now both want to take mutual consent divorce.complaint was given in police station or court..complaint was filled five months back but no summon or notice received till date.. Not sure whether it is just a complaint or a FIR. My queries are as follows:- 1) is bail of husband required before proceeding to First motion of MCD? 2) how to withdraw this complaint from court? 3) is it advisable to move for MCD in this scenario? 4) if it is a FIR, is it advisable to get quashed 498acase during six month of MCD time? Means after first motion but before second motion. 5) wife want half agreed alimony amount in first motion.

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8 Replies

Vijay Raj Mahajan (Advocate) 21 May 2016

First of all enquire from Police authorities if on the complaint of the wife FIR was registered if not than a compromise agreement duly signed by can be given to police about withdrawal of the complaint by wife. If FIR has been registered than the parties should move the concerned High Court for quashing of FIR and further proceedings in the matter. The quashing proceedings should be done before the second motion in the divorce by mutual consent proceedings in the family court. As far taking bail etc is concerned that will be decided only if FIR is registered if not then no need for the same.

Laxmi Kant Joshi (Advocate ) 22 May 2016

First of all get cofirmed from the police where complaint had given that they had filed the fir or they have still the complaint, if they didn't filed the fir then move an application to withdraw the complaint, if they had filed the fir and the matter is in the court for numbering then move both of you to the high court to quash it as you both are ready for mcd, do it before your second motion.

pankaj kapoor 23 May 2016

If it is a private complaint in court then is bail of husband mandatory before widhdrawl of case? Without bail,can case be taken back by wife?

pankaj kapoor 23 May 2016

If it is a private complaint in court then is bail of husband mandatory before widhdrawl of case? Without bail,can case be taken back by wife?

pankaj kapoor 23 May 2016

If it is a private complaint in court then is bail of husband mandatory before widhdrawl of case? Without bail,can case be taken back by wife?

pankaj kapoor 24 May 2016

Sir, it is a private complaint filled in UP court and sections are 498A, 504, 506. No summons received till date. Complaint was filled in Aug 2015. Still bail required? Husband and wife both agree for mcd.

FightForCause (Businessman) 26 May 2016

@ Pankaj.. sent u PM , kindly check and respond.

T. Kalaiselvan, Advocate (Advocate) 28 May 2016

She has filed a private complaint but you are not confirmed that whether the case has been taken on file or not.

First confirm if the case has been taken on file, if not ask her to withdraw her complaint at this stage itself or else she will not be able to withdraw even if she wants to because the offences are non-compoundable hence there can be no compromise petition to allow withdrawal, trial has to be conducted even if she would turn hostile to the witness examination. The court will formally conduct the trial and will dismiss the case or acquit the accused.

Dont rush up with MCD and also make a hold on the partial payment of the agreed alimony settlement . Let she wind up all the pending cases and keep this case as the last one to be decided because this the base for disposing all other pending court cases.