Can someone help with the legal procedure to settle 498a+MCD? Which happens first? What is the sequence of events?
Markandeya raju 27 November 2015
Nitish Banka (lawyer) 28 November 2015
File first motion of mCD along with compromise agreement, based on agreement and affidavit of the wife move HC for 498a quashing. quash 498a file 2nd motion.
Thanks & Regards,
Adv Nitish Banka
Rajesh Kumar (NA) 22 January 2016
Can anyone share the relevent case judgement. I remember SC saying that divorce will happen first and then 498a to be quashed.
Also any precedent where some settlement money is paid at the time of quasing 498a (post MCD)?
Appricate the help.
Please note bthat unless crminal cases are calle doff or compromised at the time of Mutual divorce consent , the court cannot award divorce. IT IS ESSENTIAL THAT ALL matrminial crminal cases filed by wife aginst husband are also simultaneouly closed or called opff by wife. Otherwise MCD cannot be granted.