Dear Querist
My opinion on your queries are as under:-
1. I am concerned if they take payment and we sign MCD and they still not withdraw cases what will be the view of court on the two cases ? Or will cases automatically end? Or will our submitting the documents of 13 B help in quashing them.
Opinion:- the cases will not be withdraw automatically because after settlement, you or her have to file an application or record the statement for the withdrawal of the case before the respective courts.
2. Can she file for withdrawal on the same day of second motion. And if so how much time roughly will court take to pass order and end cases ?
Opinion:- It is depend on your settlement, if it is mentioned in your settlement that the cases will be withdraw before the second motion then both of you have to withdraw the cases before second motion other wise after that.
3.They are insisting on full payment before filing withdrawal application.So I am thinking of having her sign two separate affidavits with language that she is withdrawing cases with immediate effect at the time of payment and signature on second motion?
Opinion:- was it not mention in your settlement that how and when the payment shall be paid to her? if not then it will be better to execute another settlement/compromise deed and mention all the terms and conditions and then as per terms and conditions file second motion. payment should be paid to her by way of Demand Draft or via cheque.
4. In case they dont withdraw cases can we move high court with 13 B documents and have the cases quashed??
Opinion:- Try to withdrawal of the cases before second motion otherwise after taking divorce she left and you have to follow her and beg for her signature and appearance.
1. how would this case of 156(3) be withdrawn , simply by application to court - by her or us? can it be done within same day of MCD ?
Opinion: As the Court treat the complaint case and not directed to registered FIR hence the court where the matter is pending has right to withdraw the same based on the settlement and statement of the complainant on the day itself when the matter of second motion will be fixed.
2. While it is ideal to have the date extended , i would like to get over it soon , so would it suffice to mention in affidavit that all her claims under DV act are covered under the lumpsum ?
Opinion:-1.she will not claim anything from the husband including her past, present and future claims of maintenance, Mahr, rights of residence, Interim or permanent alimony, dowry/Istridhan articles including jewellery(if any),or any other rights to which the First Party is entitled or may be entitled in future in accordance with any law for the time being in force at present or enacted in future.
3.Please clarify (as differing views are written here) : (i) .Can the Application to withdraw cases be done on same day as MCD motion as the court has given a different date for both months later?
Opinion:- It can be possible.
(ii) Can the withdrawal order be issued immediately on same day post application?
Opinion:-yes, the court immediately passed an order of withdrwal.
Feel Free to Call