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Shree Singh   29 June 2015

Scope of 498 & dv after first motion inn mutual dicvorce

Hello All,

some details about case :  after marriage in 2009 we dont stay more than 1 year and starting living separatly since 2010 after no response from her side we filed for divorce under 13 a HMA. followed by they agreeed for mutual and fillied for Mutual Divorce in 2013 with a mutual agreement of Rs 500000 as a one time alimony but after first motion and taking Rs 200000 they have filled 498 & DV , 

 

After filling mutual divorce with acccepting a mutual agreemnet of final settlement of alimony of Rs 500000

with streedhan & exchanged gift items at the time of marriage. wife and in laws filed ,

 

1)  498 & DV case against us, is there any scope of accepting these case after accepting final agreement, even 200000 paid from our side to wife now the filled above cases against us. 

2) In streedhan they are demanding new items as old items , they are not accepting the old items .

3) They are also negotiating for more alimony with the help of police and giving threat to us to arrest.

can any body help me out of this??  and what should we do further to proceeed to get divorce ??

 



Learning

 2 Replies

saravanan s (legal advisor)     29 June 2015

have you included any clause in mou saying no 498a or dv would be filed in future and if filed will be withdrawn before the second motion.

Mango (Consultant)     30 June 2015

Immediately withdraw your mutual divorce consent through lawyer else if she gets divorce she would be free and you will be running around courts your full life like a fool. Please inform court that she is playing with court and it's indirect contempt of court where she is misuing laws on overall case.

 

Unless you fight back and is ready to face the challenge you wont succeed this 498A is a pressure tactic and at the present stage you only have one weapon to make them come down which is divorce if divorce happens now then you wont be able to close 498A and will fight whole life.

 

Hope this clarify your doubt.

 

Mango


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