How can i confirm my discharge from 498A, DV etc or to go for MCD
My wife gave her first complaint of dowry, dv and others in my residential police station. but police did not take any actions against me or my family members (2) secondly after 2 months, my wife had filed false dowry , domestic violence, life threat, etc complaints against me and my family members in the commissioner office. The case was referred to women cell. Women cell has made a compromise between both of us. According to which, I gave my wife 3 lakh rupees at the time of compromise and agreed to give 2 lakh at the time final statement of MCD as present, past and future alimony.She has also agreed in the compromise that she will not do any legal proceeding in the court or police station after the divorce and if any legal complaint or case is pending then she will be liable to take it back. she will be responsible to file MCD. (3) After one week of the compromise, I came to know that she has also given a complaint against me and my family members in her area police station. But after showing compromise papers and confirming from my wife , the police men did not ask me much and i went home. (4) now after one year of compromise, it is the time for final statement of MCD (Note- first statement was given exactly six months back from the final statement and after the 6 months from the compromise). Some lawyers are saying that the dowry cases, dv etc should be quashed in the high court but some are saying that it is enough that theses cases can be withdrawn in the commissioner office by her and some lawyers are saying that there is no need for anything as it was not the FIR (5) How can i confirm the discharge of me and my family members in these cases? (6) How can these cases be quashed finally? (7) it may be noted that the police has never arrested me or my family members either before or after the compromise . (8)NOTE- i do not know that some FIR is made against me or not in any police station or not., But, I have seen the complaint of police station of my area through RTI, there is no receipt number from the police Station. but i can not find the complaint from her area police station. but now i have given a RTI to find her area police complaint (9) can these cases be quashed automatically during the final statement agreement terms of MCD and/or by taking the affidavit regarding this before 2nd motion statement? (10) Should I go for the mutual divorce as per the compromise terms without wasting further time and live happily there after. or Should i fully confirm about the different complaints against me by not attending the final statement of MCD before the judge and/or till my wife gave the withdraw applications to different police stations and commissioner office whether it is simple complaint or the FIR. (11) Does it can harm me any way in the family court as the judge has already given 3 dates of one week each for final statement and judge do not want to give further dates to me? (12) Does my wife can trap me in any way for not taking MCD at the earliest?. (Note) we have also attached all the terms and conditions of compromise in the petition for MCD already.
Asked in Criminal Law from Ludhiana, Punjab
if you have not received any summons from court in domestic violence case and police has not informed you about an FIR and not asked for your arrest , there is no FIR lodged under 498A or domestic violence case file in the magistrate court.
Now you may take care to ensure your future in terms of her future claims of maintenance alimony and any case related to these.
The advocate who appear for you in the MCD should ensure that there is a clause showing her undertaking that she has withdrawn all pending complaints, cases and there is no case pending against you .
Usually the MCD format contains a clause that both the parties agree that they shall not initiate any legal proceedings on the future related to the same subject matter, that is marriage dispute.
It is advisable that make a DD or pay order for the final date and give it to her after the order in the court, as there can be chance , which she can back out and not a giving her final consent to the MCD after 6 months after taking the amount.
You need to also specifically attach a consent terms of your divorce stating the payments , details of mode of payment and it should be shown as one time maintenance and alimony towards the final settlement.
Go ahead with the MCD and finish it as early as possible, proper caution from your advocate side will ensure your legal rights protected
1) From your descriptions it appears that there was no FIR regarding domestic violence or dowry harassment. It appears that they remained police complaints.
2) The above being the case you don't need the wishing of FIR or the case. It would suffice that your wife formally withdrew all cases prior to the second motion of MCD.
3) Certainly go ahead with The MCD as early as possible.
4) Ensure that the consent terms filed shopping with the MCD contained all terms and conditions, including withdrawal of all complaints and details of payments being made. Do not make the final payment unless there divorce is finalised and insist that the consent terms be made part of the divorce decree.
1. It may at the outset be mentioned that the compromise entered into before the women cell is not enforceable in a court of law, meaning thereby that in spite of the compromise struck before the women cell your wife can seek maintenance from you and also take recourse to her other remedies under the legal framework.
2. If you have not received summons from the court asking you to appear in the court on a fixed date of hearing that it leads to an irresistible conclusion that the case has not been officially filed. However, at the same time it is unfathomable as to how your wife could agree to full and final settlement when she had no case in any court of law pending against you.
3. Cases cannot be quashed either by the commissioner or SHO. It can be quashed by only the HC.
4. Merely because no receipt number was assigned to the complaint of your wife does not imply that no case has been registered against you.
5. Before the final motion you should ascertain whether the cases registered against you, if any, have been given a burial by the MOU signed by your wife.
6. The judge may not give any further date to you considering that 3 dates have already been given to you.
7. Before the final motion your wife is free to back out of mutual consent proceedings.
8. It is in your interest to take mutual divorce to a logical conclusion as early as possible. Get the MOU vetted by your lawyer before the final motion as MOU cannot be altered after the final motion.
if my wife does not want to withdraw the complaints (whether FIR or Not) before the final statement of MCD. Should I still go for the MCD finally. what she can do legally against me if i declines to give final consent for MCD and/or not appear before the court till my confirmation about that she has withdrawn all the cases before all police stations at least. if she gave a statement during 2nd motion statement that she has withdrawn all the past complaints/ cases before police stations, court or any other authority and if any legal formality/enquiry is pending then it should be considered as null and void from her side and she will not file any legal complaint or case in any police station or court in future. Does i still can be trapped by her or any other authority after the divorce by neglecting all those statements during final statements of MCD before the family court judge by saying that 498a , dv cases etc does not get quashed as so.
Asked 2 years ago
1. You have already given 3 lakh INR to your wife. Now if you back out of mutual consent you will have no option but to unilaterally apply for divorce. So you will be the loser.
2. If you refuse to go ahead with MCD then the MOU entered into between you and your wife will be a nullity, meaning thereby that your wife can again file various cases such as maintenance, dowry, domestic violence against you.
3. As mentioned earlier, let the MOU be vetted by your lawyer before you take the final call. If she agrees to withdraw the cases then you may apply to the High Court for quashing of the said cases. The cases will not be closed ''automatically''. Have your rights safeguarded in the MOU.
4. After divorce she cannot ordinarily file the cases again.
you should go with the view taken by the supreme court in anresh singh and file a petition before high court under article 226 for quashing the compromise on the ground that she has criminal intention to torture me and my family and she has no interest in amicable settlement of this issue and also plead for return of compromise amount with interest. she will be compelled by the court to either return money or withdraw all cases.
if she return money then you can't be arrested and no coercive action can be taken till the finality of the case. (anresh singh case) if she is stating false then you should go with the criminal proceeding.
1. The settlement entered into before te womens' cell is not legally enforceable,
2. However, if the sllement is in writing you can show the same in any case filed against you,
3. First of all take MCD if she does not back out,
4. There is every possibility that she may back out for which ou shall have to file a divorce suit,
5. Compoundable cases filed by her can be withdrawn by her. No body acepting Court can quash them and those cases can not be quashed automatically,
6. Convince her for the MCD after which you can move on in your life alongwith your cases.
1. Normally people go for the MCD first at all costs which you also should do,
2. After tat you can contest those frivolous cases on merits,
3. The consent letter submitted before the Court while obtaining MCD will be a very good evidence in your support while contesting other cases filed by her if she finally refuses to withdraw the same.
Technically it is wrong not to withdraw all pending cases while filing a MCD, this is state and affirmed before the court in MCD by both he . Both the parties advocates who are involved should understand this.
if FIR under 498A has been filed it will have to be quashed by a petition in high court other than that no way to withdraw it.
Since you were not arrested or did not receive any summons from court in any maintenance or domestic violence case , you can be rest assured that there are no cases pending. If an NC in the police station or before women cell
so it is better you go ahead with the MCD and once the order is passed her claims will not have any base.In case she backs off you will have all these evidence to defend and the case in your side will have more merit.