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chanakyam (Consultant)     07 November 2010

Mutual settlement of matrimonial dispute

Hello Learned members,

Facts of the case:

1. Wife filed 498a and the case is pending before lower court in Andhra Pradesh, the charges are not yet framed on accused persons(husband & relatives)

2.Wife also filed Crpc 125 (maintenance), interim maintenance is granted and the main case is pending before the district family court, Andhra Pradesh

3. Husband filed Restitution of conjugal rights (sec 9 of hma), and the case is pending in the same family court(where wife filed crpc 125).

Now, both the parties (husband and wife) decided to settle the matter with Mutucal consent Divorce (husband agreed to pay one time settlement amount Rs.xxx with below conditions).  Need the following clarifications.

1. Wife has to withdraw all the cases (498a & crpc 125) and husband has to withdraw restitution of conjugal rights.  So, can wife withdraw the 498a case (in Andhra Pradesh)? If yes, what is the procedure and how long it will take to close the 498a case?

2. Wife has to withdraw maintenance case (crpc 125), what is the process to withdraw this case? how long it will take?

3. Husband has to withdraw RCR and what is  the procedure to withdraw and how long it will take?

4. Husband is scared of paying money before the divorce (mutual consent divorce) is granted.  So what is the best way to pay and which mode of payment is suggestable?

5. can we pay half amount at the time of withdrawing all the cases and 1st motion of divorce petition and remaining amount after the divorce decree.  What are other precautions to avoid future litigations.

Your valuable suggestions are appreciated...!




 3 Replies

chanakyam (Consultant)     07 November 2010

Can anyone share the agreement format for mutually settling all the cases.

Lokesh Kumar V (Advocate)     07 November 2010

Refer the matter to mediation and resolve the disputes

chanakyam (Consultant)     08 November 2010

thanks lokesh ji,

But if anyone can give better explanation on my questions, that would great help.

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