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chanakyam (Consultant)     09 November 2010

withdrwal of 498a & maintenance

Hello mates,

 

Both husband and wife agreed for mutual consent divorce but with settlement amount of Rs.xxxx and also wife should withdraw 498a and maintenance case.

Can husband pay settlement amount Rs.xxx when the first motion of divorce filed or is it suggestable to pay after the divorce decree is granted and withdrawal of 498a and maintenance??

thanks in advance.



Learning

 12 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 November 2010

He can pay it on the first motion, but regarding withdrawl and payment of money should be recorded in the order sheet of the case. She must signed in the order sheet for the compromise. It is also better payment can be made after withdrawal of the 498 A case.

Arvind Singh Chauhan (advocate)     10 November 2010

If it is a state case it can't be withdrawn unless, there is application of withdrawl by APO/state.

Avnish Kaur (Consultant)     10 November 2010

its better to pay in two instalments. part at first motion  and after that ask her to withdraw all cases incl 498a. pay rest at time of consent for second motion, write everything in compromise deed.

chanakyam (Consultant)     10 November 2010

thanks all for your suggestions..!

@arvind ji,

 is it not possible to withdraw 498a by the petitioner/wife?(498a filed in Andhra Pradesh, in this state it is compoundable)

As u said, what is application of withdrawl by APO/state. Can you explain

chanakyam (Consultant)     10 November 2010

whats the procedure to withdraw 498a & maintenane (crpc 125) cases in Andhra pradesh..

your valuable suggestions appreciated

Arvind Singh Chauhan (advocate)     10 November 2010

Dear  Chanakyam,

                                   Comounding is different thing than withdrawl. In case of withdrawl State request through public prosecutor that state wants to withdraw particular case. If court thinks proper it may permit to withdraw the case.

While in compounding of offence court dispose the case on the basis of compromise, that both parties have compounded the matter.

CommonMann (Software Professional)     10 November 2010

Hi,

Same scenario was with me. My X wife has given statements in front of judge that she is not aware of all the allegations against me and she has signed bcoz of pressure from neighbours and her family members. All the allegations against myself and my family members are disposed off based on my x wife's statements. Also I had given full settlment amount in the form of DD thru family court. And after six months I have  2nd motion and I am expecting divorce. But I have to pay little bit of expenses again to my x wife since she incurred those on DD. Will suggest you to pay 75% in 1st motion and rest 25% after 2nd motion statement, to be safer side to avoid any unnecesary expenses during 2nd motion.

Cheers.

chanakyam (Consultant)     10 November 2010

@arvind ji,

To withdraw 498a case on the basis of compromise, will the petitioner/wife need to submit any memo in the trial court? and wthat is the process for withdrawing the maintenance case(crpc125) which is in the family court.

@ Charanpreet Hora ji,

How long did it take for 498a to dispose of? did you write any agreement deed before paying full settlement amount?

CommonMann (Software Professional)     10 November 2010

@Chanakyam Ji

Now over here mediator plays a crucial role. I submitted my drafts with mediator. Now the girl side advocate has advised girl to revert the statements in front of judge. She has done it. Now for judgment judge has given us a date of 1 week. After one week we got a judgment in our favour. But yes Judge can give the judgment on the same day as well, if he/she is not too much busy with other cases. On the same day we filed a mutual consent Divorce petition in family court with DD details mentioned in MCD petition. This is a very important point and should be mentioned in MCD petition as full and final settlement amount alongwith words like Streedhan and lifelong alimony (in hindi word is Bharan-Poshan should be used).  This automatically dispose off maintenance cases whatsoevr are there.

OneHelpLessHusband (SELF)     10 November 2010

Dear Forum Member,

History

Wife files 498A, DV Act and then 307.

Now 498A chargesheet produced, DV Act withdrawn by wife without any court order and 307 under investigation by IO.

 

Wife's father and mother now talking about settlement through financial transation and ready for Divorce.

 

Question

1. 498A - Which is beter (Withdrawl or compounding, state is Karnataka).

2. 307 - What would be the easiest way to close / drop this IPC/CrPC section?

2. In the agreement for MCD (Mutual Consent Divorce) to be jointly signed by wife and husband, what should all be mentioned to avoid problems / hassles later- i mean all / any pointers to be mentioned in the agreement so that Wife (or her family) should completely break all contacts with husband and cannot harbour any ill-intent? (Reason - Wife and her parents are extremely mean and can go to any extent to create problems)

 

Regards,

OneHelpLessHusband

Arvind Singh Chauhan (advocate)     10 November 2010

Chayakm Ji There is no role of reporter in withdrawl of state case, because she is only informant that particular crime have been committed and the State becomes the party. Generally Withdrawl proceeding starts from the office of Public prosecutor - then DM- and finally approved by Governer of the state, then it is filed by concerned public prosecutor before the court.

In the case of 125 Cr.P.C. It can be simply withdrwan  through application or may be dismissed by court for non appearance of petitioner.

As being a lawyer I am unable to advice as suggested by Hora Ji, though it is in general practice.

One more option is with you to approach before HC under Sec 482 to quash the proceedings showing  the reason of compromise.

chanakyam (Consultant)     10 November 2010

@Arvind ji and Hora ji... Thank you so much for your valuable suggestions..!!


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