Aman (Senior Lead) 12 August 2010

Police visited my house

Hi I am in outside idea for some work and will be back in a month. In meantime my wife filed a complaint in CJM court (498A, 306 and 156. police visited my parents place in noida and took them to Yamunanagar . There they pressurised them and my father called many ppl and relatives also. Finally after long discussions girls side agreed on settlement at 3 lakhs and my Car. Also they want this money when we both sign on mutual divorce petition. Now myy question is ,Is 498A registered , that means do I have to go quash for 498A .

Though I am in favor of fighting the case as I know girl side has nothing , still my parents are forcing me to settle the thing. I can't do anything when I am abroad. Now my father has given the cheque to some common person and as per police if I don't visit the place and sign on petition by 6th sep , they will come again to my house to arrest. Why should we pay money before we get the final divorce. What is the procedure in mutual divorce case generally regarding money. Also do I need to get 498A quashed before we proceed furhter

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 12 August 2010

If you are a Hindu both you and your wife will have to file consent divorce petition in the civil court. Civil court decree is only valid . Divorce agreement made before the elders is not valid.

If you are mohd., you will have to file a declaration suit to dissove the marriage under the mohd., law.

There is a Talaq provision amongst the Mohds. IN my opinion it is better to file declaration suit to dissove the marriage if you are mohd., In that you can make a compromise and any amount paid to your wife can be recorded in the compromise petition.

Daksh (Student) 12 August 2010

Dear Aman,

Whatever Mr. Rajeev has opined I agree with him and would like to add that your compromise should be in writing and so well drafted that it should become basis of filing of Sec. 482 Petition for getting quashed criminal case in High Court and transfer of money and agreed exchange of car should be simultaneous.

Best Regard

Daksh

(Guest)

dont pay her full amont right now. get a well drafted settlement which protects all ur interests thru an expert criminal and matri lawyer. pay her say 25% now and rest wen u are free from 498a and second motion of mutual consent divorce.

(Guest)

Hi,

I want to refer to previous judgements to get precedence for a unique case. Doesnot look like my lawyer has the passion and/or time to do that...Is there any source on-line which i can refer? or is ther an option that i may be alloweed to visit the court library (Mumbai) and find out myself? will that be allowed?

or are there any dedicated person in courts who can help me on this. I can pay for the services?

Aman (Senior Lead) 12 August 2010

Ok . Is there any way where we can keep the money surrendered in the court and then when al the cases are gone and divorce granted , then court will give the cheque to them.

Also as I will be going to girl's place in Yamunanagar for first motion with my parents , will it be better if we get AB beforehand , as I don't trust them at all.

(Guest)

@ Aman,

What you want to do "a fight" and proove yourelf innocent or go for "MCD".

If you clearly spell either one here then members can guide you better anyhow you are coming on 6th. Sept. and it is obvious that you will hire a advocate so make up your mind before that.

(Guest)

IF U are outside india and can stay bak, dont come bak. if u have nothing wrong against u fight it tooth and nail. hire a good adv in india and give her a befitting reply for filing false 498a. for more help visit 498a and siff websites.