1. They will have to withdraw it before the second motion, and if they fail to withdraw then seek time from the court to allow them to withdraw the cases.

2. She will file for withdrawal of the case and then the case will be transferred to Lok Adalat and order will be passed within 2-3 weeks.

3. You can make a mention in the affidavit that the said case (with all dates) shall stand withdrawn and will be withdrawn by presenting such documents. Though the cases will only be withdrawn in presence of your wife.

4. No you can not, you can move to HC only when the 13B is decreed and she has not withdrawn the cases, then also HC will not be the appropriate court, you can move an application before the same court only.

Regards

If 498a has not been converted into a FIR, she's to withdraw nothing. The only case that remains to be withdrawn is the DV case. Make sure she withdraws the pending DV before the secondary motion is moved, else don't file the second motion.

She need not wait till the date of second motion for withdrawal of the pending cases. They can be withdrawn any day by moving an application in the concerned court where the case is pending.

3. Yes, this arrangement seems to be perfect.

4. No. She has to withdraw. If she doesn't, divorce by mutual consent will not be granted. You've no lucus to approach the High Court.

1. Since no FIR has yet been lodged against her complaint u/s498A, there is no case as such under the said section of IPC which is not compoundable. It will be ideal for you to ask her to execute an affidavit affirming that the said police complaint u/s498A of IPC and also DV was lodged out of domestic rage which has now been settled and that she wants to withdraw her complaints as MCD petition has already been filed by both of you. Since no FIR has yet been registered, the question of quashing FIR does not arise at this stage. However, if the said complaint is not withdrawn now, the police may convert it to FIR for harassing you. So, act immediately.

2. Since no FIR has yet been registered, as stated by you, Court will have nothing to do with her said complaint lodged before the police. She shall have to withdraw it from the police station now taking the steps as mentioned in my earlier post.

3. It is customary that before making the final payment, she should withdraw all her cases. Insist for her withdrawal of all complaints before you make final payment during the 2nd motion of MCD.

4. High Court will not interfere in this matter and withdrawal of criminal cases can not legally be a condition for agreeing for divorce. In MCD petition, it is mentioned that both the parties have no complaint against each other. While withdrawing the police complaint lodged u/s125 of IPC, she shall have to state under affidavit that she wants to withdraw the same as it was lodged due to domestic rage which has now been settled amicably by both the parties.

1)there is no FIR filed as on date in 498A case . forward copy of consent terms filed with wife in family court to local police station wherein complaint was filed

2) insist on wife with drawing DV case before the second motion . dont make further payment

3) only if FIR is filed can you file for quashing in HC

4) wife can file for withdrawal on same date as second motion . order for withdrawal is passed on same date

5)mere affidavits would not suffice

6) you can file for quashing of DV case in HC based on consent terms filed in family court

Hiii, she has already signed a affidavit , to withdraw the case... Also , make her give statement before court , that she has settled all the claims present and future and will not continue any civil/criminal proceedings pending before the courts or initiate any of them in future.....2) after such a statement of she do not withdraw her proceedings will have no stand in the eyes of law .. in violation she will even attract criminal offence of cheating

it will be withdrawn on her application, no it will take sometime, she might file an application for withdrawal and then file MCD.

That will have to be drafted wisely.

Withdrawal option are not issued generally in a day, it also differs from court to court so no one can give you a guarantee before hand that it will be withdrawal on the same day.

Regards

1. 156(3) will be withdrawn easily when she moves an application for withdrawing it before the court where it is pending.

2. Yes

1) wife can inform local police station that she has reached settlement with you

2) police would submit its report to court that Dispute between parties is settled

3) in alternative wife can apply to court for withdrawal of complaint

4) consent terms filed in family court would contain a clause that X amount is received in full and final settlement abd she would withdraw all pending cases

5) affidavit filed by wife would reiterate said position

6) wife can withdraw DV case on same date

7) court can pass orders on same date

1. It is now clear that she has filed a private case u/s498A of IPC and DV case. the section 498A is non compoundable meaning that it can not be withdrawn by the complainant. So, as advised in my earlier post, she shall have to affirm under affidavit that she has filed the said case out of domestic rage. This affidavit of her will give you scope to pray that the case is not on fact but on domestic rage which is required to be dismissed. If properly handled, the said case can be disposed of on the same day when the said affidavit affirmed by your wife, is submitted at the time of hearing. MCD date and the date for hearing the 498A case may be different and the Courts also may be different. First get the case dismissed and then only appear before the Court to get the decree of divorce on mutual consent.

2. It is a wrong step planned by you. A criminal case filed u/s498A of IPC can not be arranged to be withdrawn by paying lump sum money. Though the matter is the same but it should not be stated so blatantly since the Court will not accept the same barter of paying money against withdrawal of case. Submit the affidavit stating that cases filed were due to domestic rage.

3. The dates for all the cases are different. the Courts also may be different. So, it is not possible to have the cases dismissed on the same day when the MCD decree will be passed. You can defer your appearance till the cases are withdrawn by your wife as suggested in my earlier post.

1. The ideal practice is to withdraw all the cases only after the mutual consent divorce decree is passed. So if no specific date is mentioned for withdrawal of cases then she is liable to take the necessary steps to withdraw the cases filed by her only after the MCD decree is passed.

2. The cases will not 'automatically' end. Your spouse will have to take positive steps to withdraw the cases.

3. Executing an affidavit does not result in withdrawal of cases. The plaintiff/petitioner has to appear in the court personally, whereupon her statement will be recorded by the court, and only then the case will be allowed to be withdrawn.

4. If she does not withdraw the cases even after MCD decree then you may move the High Court through a petition for quashing.

1. 498A cannot be withdrawn as it is non-compoundable. You and your spouse has to file a joint petition for quashing in the High Court.

2. The cases can be withdrawn on the same date as MCD petition, but for this to be done your wife has to appear personally in the court and get her statement recorded.

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.

The cases will not be disposed automatically just because you both are divorced by mutual consent.

She has to file a petition seeking to withdraw the DV case, the court will disposed the case as not pressed - withdrawn

The 498a case cannot be withdrawn by her, because she is just a defacto complainant in it and the police is the complainant in that case and also it is not compoundable offence.

The alternate procedure has to be followed for disposing this case.

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 ?

The 498a case cannot be withdrawn by filing a petition or memo before court.

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?

You can decide about it s per prevailing circumstances at your end.

4. In case they dont withdraw cases can we move high court with 13 B documents and have the cases quashed??

Yes you can move high court and she may be asked to file an affidavit that she has no objection to quash the 498a case.

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 ?

If the charges are not framed or the main case has not been taken on file then she can file a memo stating that she is not pressing her private complaint and she would like to withdraw the complaint hence the police may be directed to close the complaint without any further action on it.

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 ?

Dont do any such thing becasue the DV case will not be concluded that way, instead she can be asked to file a memo to withdraw the DV case citing that this decision is owing to the out of court compromise settlement.

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?

Even if the date of hearing on the other cases are very far off, she can file an application for hearing advance and file the requisite memo to close or withdraw her complaints

(ii) Can the withdrawal order be issued immediately on same day post application?

The court will pass order as per the procedure in vogue.

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.

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