498a case & mutual consent divorce
I was married in 2010 in an force situation with my wife. Till then we lived together but separate rooms. Later in 2012 my wife had filed 498A (A1-myself, A2-my mom). In 2013, it was called for Court and till today it was postponing. Now my wife had come to an understanding seeking 4laks for withdrawl of 498A and for Mutual Divorce. Now the problem is paying the money. My lawyer is insisting to deposit cash and take a FDR on name of bothside lawyers. But im in suspicion that if in future, my wife turns against and the money is blocked in lawyers account.
My father-in-law & wife are very cruel persons and may change their moods time to time and are very very harrassing persons.
Q1. So is there any such way to keep the cash in a gentle mans hand who is agreaable by the both parties and upon the divorce papers in his hand, he will release the cash on other hand. or Is it essential to give the cash/FDR to lawyers.. Pls suggest.
Q2. Any important points to add in MOU and ncessary steps to aviod revoking of the case in future or harrasing for more money or to not dis-obeying the Mutual consent Divorce.
Q3. Are there any special steps to be followed to get Mutual Consent divorce as early as possible. i.e 3months.
Your kind information will be very helpful to save my life as my father-in-law may apply some politician force on my Lawer and may convince him to overtake me.
Pls guide me Sir. Thank you
Asked 4 years ago in Criminal Law from Vijayawada, Andhra Pradesh
dear client, plz donot pay anything to any body. first let first motion of divorce be filed. at this u will get date for 2nd motion after six months. mention all these term & conditions in petition for first motion. pay money in front of court at the time of 2nd motion. for brief u can call me at 09891507137. if u pay in advance u could be befooled
Advocate, Greater Noida
1. If you want to reduce the time period of mutual divorce then you need to move to the Supreme Court.
2. You can issue to your wife a post dated cheque capable of encashment after the finalisation of divorce to allay the fears of her retreating from her promise.
both of you jointly file mutual consent divorce petition before the court and in the said divorce petition mention about said four lakhs to be paid by you to your wife towards permanent alimony or towards marriage expenses etc as settled between you and further in the said petition it has to be specifically mentioned about the payment of said 4,00 lakhs which shall be paid by you before the court while adducing evidence by your wife and so also by you either by cash or by Demand Draft, which shall take place on the first date of hearing ( i.e. after Six moths the first date of hearing shall be fixed by the court ). In case if your wife fails to appear on the first date of hearing there is no need for you to pay the said amount and similarly if she appears before the court on the first date of hearing and she is ready to give evidence for obtaining mutual divorce you can pay the said amount before the court to your wife.
it is to be noted that in a mutual consent divorce case, if either party fails to appear or co-operate with each other for obtaining divorce the said mutual consent divorce petition will be dismissed. However it is not safe to pay the amount earlier and so also it is not safe to keep the amount in the joint account of both the counsels. you can assure your wife that in case amount is not paid there is no need for her to appear before the court for taking divorce, as such his rights also will be safe guarded by mentioning the said fact in the divorce petition.
in the said divorce petition it should be mentioned particularly that criminal case filed by your wife shall be withdrawn either earlier or on the date when you paid the amounts to her. In general the mutual consent divorce petition, the first date of hearing of the case shall be fixed by the court only after expiry of (6) months.
Instead of waiting for 6 months one of you file divorce and the other will be given notice from the court for appearance after filing vakalath from both of you ask your lawyers to refer the matter for mediation. There before the mediator accept that you will pay 4 Lakhs for your wife and she should close the 498A case. immediately on the next day of the settlement the matter will be posted before the court for settlement that time you pay the money and on the same day divorce will be ordered but you will get the copy of the divorce after one month.