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kunal   05 June 2015

Things need to take care before mutual div

Hi all,

This is an update from my old thread   

My sopuse is not coming back.i went to her home and spoken but no respect.She is not respecting anyone in our family.when i ask her the problem she is telling only about money.she is not even showing my child to me & to my family.but she says she is ready for divorce 

she is very arrogant and cruel no one can live with her.Only for child i thought of bringing her back but no use.Now my question is on mutual divorce

1. After mutual divorce is it possible for them to file 498a,dv & maintance case ? or else is there any way leagally to get it written that there wont be any criminal procedure in the future  

2.what are rights i can have on my child(1+year old).i spend only four month with my child,its really hurting.Is it possible to have joint child custody?  1 or 2 days visitation is not fair 

3.any safegaued need to taken ?  because this is a fruad group 

because she is ready for  mutual divorce i guess what i expected is true.They are not even worrying abt child.Because of these laws girls are becoming crule and extracting money out of it.their family also supporting for that.its horrible   

The marriage is dissolved please advice on this ground 




 10 Replies

saravanan s (legal advisor)     05 June 2015

after getting a mutual consent divorce, though she had agreed that she wont file maintenance (after accepting one time alimony) or 498a in the mou she is free to do both.dv cant be filed after divorce or one year of seperation but 498a can be filed anytime .she can also claim maintenance but you can show that she had got one time alimony and contest it

joint child custody is widely discussed but child custody will be given to the mother till the child attains five years of age and vistatation rights would be given to the father


K.P.Satish Kumar (Advocate)     05 June 2015

after mutal consent petition No 498 A will aplicable. You can decide maintenance child custody at the tume of filing mutual consent.

saravanan s (legal advisor)     05 June 2015

after mcd she can file a case of 498a on you but you have to quash it in high court u/s 482 crpc showing the terms she agreed in the mou

FREDYCHARLES RK - Bangalore (Advocate)     05 June 2015

Well said by sir Saravanan  S.. 

1 Like

richardjohnson   05 June 2015

Get the MCD first where, it has been agreed by your wife that she will not file 498A complaint as part of the consented settlement.

So, if the wife refuses to withdraw the 498A case later on, you can file a petition before the High Court to quash the said 498A case based on the conditions mentioned in the MCD.

SuperHero (Manager)     05 June 2015

  • Satish Sir mentions 498a is not possible after MCD.
  • Sarvanan Sir mentions it is possible..
  • Are there any Cases where after MCD, 498a has been filed???????
  • May be some Senior Lawyers can throw some light on this. 

Adv k . mahesh (advocate)     06 June 2015

yes she can file 498 a after mcd first petition is filed to fufull her demands or say any harassment by husband she can safegaurd with 498a complaint and here already mcd is filed so husband will get bail immeditely after showing that both the parties filed mcd before second motion he has to file for quash in high court

kunal   07 June 2015

Hi sir, thanks everyone for the replies. 

i have one more query , suddely if she says she is will willing to live with me , is it possible to taker her back with some written condition ? any legal way is there ? 

condition is simple they should stop threatening me & she should allow my parents to come and and see once in a while.

anything like this is there legally ?  

SuperHero (Manager)     12 June 2015

There is something to do before the marriage -

May Eminent lawyers can post there views....

kunal   15 June 2015

Hi all , 

In mutual divorce once it is done, inicially i cant take child custody so i have to give to her , 

but latter after five years is it possible to fight for child custody ? (in my case it is boy) bcause in mutual divorce i will be forced to give up the child custody. hence the doubt.

Please someone clear my query  


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