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Mutual understanding


Hi Experts..,
           I need your help with respect to clarification for filing MCD process.
Marriage took place in HYD on 21/01/2011 and has been registered in Hyderabad. Soon after the marriage of 3 months later 498a 34IPC 4&6 filled in May 2011 and later in september 406 and 506 filled and know they are saying want to withdraw cases on Mutual understanding procedure..
So I need a format attach copy  for how to proceed further to proceed for the same...


 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 October 2011

Why a format, why not draft as per your own set of facts.



Shonee Kapoor



Its blackmail and extortion. If they want a mutual understanding for withdrawal of cases, you demand a tortious claim of Rs 1 Crore minimum. IN USA this would have cost them Millions of dollars as Tort claims. Ask then to give a Notorized affidavit that they files false cases against you. When they give you the affidavit talk to them for "MUTUAL UNDERSTAND OR WHATEVER NONSENSE" in the presence of at least two witnesses.

Dharmesh Manjeshwar (Advocate/Lawyer)     24 October 2011

please be aware that u will get divorce by mutual consent but withdrawing the cases is not in their hands if they r pending in court for trial subsequent to lodging of FIR against u and ur family ....

Adv. Chandrasekhar (Advocate)     24 October 2011

To come out of this problem, my suggestion is to engage an advocate, in whom you have full confidence.

Generally, divorce proceedings cannot be initiated within one year of the occurence of the marriage.  So, except in exceptional hardships, you cannot move MCD till Jan, 2012, as your marriage happened only in Jan. 2011.

Next, you hav not said whether FIRs are lodged in respect of those criminal law sections or are they only complaints.  If they are FIRs, there are some non-compoundable provisions and so only HC has got the power to quash the FIRs. 

So, in your memorandum of understanding, you have to specifically mention that you move HC for quashing of criminal cases against you and the wife should attend the court and concede for that.  Then only, you will agree to give your approval for second motion.  The drafting of memorandum of understanding requires skill and so, I suggest you to engage a good advocate and explain him all the facts, so that you may not face any problem in future.


498a is not compoundatable and so they cannot withdraw.

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