• Can 498a, DV all the matrimonial cases be filed after filing mutual consent divorce

I am going to file mutual consent divorce under special marriage act on 26.10.2012.live together for 6 month.this was a love marriage without permission from parents side and stayed for 6 months in relatives house of my spouse.after that period we start living separately.in divorce petition I mention that we lived together in her relatives house for 6 months.will there be any repulcations?
I fear that after filling mutual consent divorce she might file 498a,DV all Draconian case.what precaution should I take to save me.
Asked 6 years ago in Criminal Law
Religion: Hindu

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20 Answers

In the divorce petition You and your wife going to file mutually you must mention a Clause ,

1) that from now Onwards there would be complete separation by meats and bounds,and no further litigation filed by either party to the marriage.

2) further it is specifically stated that in case any legal proceeding either civil or criminal is filed in delegation then same shall be automatically be quashed.

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

There would be no implications if you state in divorce petition that you stayed in her relatives place for 6 months after marriage

2) there should be clause in consent terms that both parties agree not to file any cases against each other

3) that x amount has been received by wife in full and final settlement of her claims

4) that stridhan has been returned to wife

5) in such a case if wife files 498A case and other cases it would weaken her case as in consent terms she has agreed that x amount has been received by her in full and final settlement and she has received her stridhan etc

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Respected sir ...

She had right left to file 498-A of IPC and section 12 of D.V act and she can file the beat option available for you is to convince her for divorce by mutual consent else the procedure will take a long time so it's upto you what you want and what effort you made to come out from these bindings sir it's all upto presence of your mind ..But yes again telling you she has right ...If she denies and file 498-A the zimni order of court will help you as you stood on your part...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Mutual divorce is to be file on consent of both aprties bearing both of your signatures.

So I'm not sure why your wife would file 498A case only after filing mutual divorce petition.

Generally of both aprties agree on terms of divorce and on its compliance the mutual consent divorce is filed the wife does not file criminal cases.

Only if the terms of the divorce are not fulfilled then the wife cna withdraw her consent beofre final hearing and file criminal cases as apprehended by you.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

1. After filing mutual divorce petiton, if your wife files complaint under section 498a IPC or under DV Act, you can easily get anticipatory bail and her case would be diluted.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

1. The place where spouses have resided after marriage is wholly inconsequential except to determine the jurisdiction of the court.

2. If she files 498A after grant of mutual consent divorce then it will have no legs to stand on and you can then file a petition for quashing of it in the High Court.

3. Get a flawless mutual consent divorce petition/MOU drafted by a lawyer so that she has no escape route.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Technically no one files such cases once mutual divorce is filed. If she files also you can show her conduct before the court.

There is no bar from any law that cases can't be filed after filing mutual divorce. Every case is different from its facts and circumstances.

You have to show separation of 1 year before filing Divorce.

You can't take any precautions on hypothetical situation. Once you know she files the same you can approach court for anticipatory bail in 498-A case.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Look no one can stop any person to file cases but when u file Divorce case under Mutual consent then u automatically gets shield of protection from false case by ur wife. While filing a Divorce under mutual consent neither of the parties can put up blame against each other or claim anything from each other and they give consent against such things. If she files 498A or DV then those case will not stand though it would take time for the normal course of proceedings to end up. Then u will have many other Legal recourse against her.

Advocate Subhendu Ghosh (Barackpore and High Court)

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

You can mention this, there will be no repercussions of this.

You cannot pre-empt/bar your wife from filing DV, 498a and other such cases against you. Under the Indian Constitution, everyone is free to move to the Court and escalate his/her grievances in the form of a complaint before the Court. However, the complaint(s) must not be absolutely baseless shoddy and defective; and must not be lodged with an oblique motive to harass someone. Thus, if your wife has been threatening/blackmailing you that she will file any false case against you, you must record this so that you may present this proof before the Court at the relevant time.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hello,

In the petition for mutual consent divorce make a clause that after filing of this petition and thereafter anytime in future no case of any kind will be filed by either parties on each other. Mentioning this clause will save your interest to an extent.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Hi

As per your description it seems that your wife is not ready for mutual consent divorce as if she is ready for MUTUAL CONSENT then why would she file 498A.

Gain her confidence for mutual consent divorce and then file it otherwise you will be required to file a contested divorce case.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Once separated by mutual consent, she does not have any rights to file 498a or DV.

All rights as husband and wife gets extinguished and the wife will retain the status as divorced wife to continue to get maintenance.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hi, mutual consent divorce petiton can only be filed after both husband and wife has a consent over it .. If she is willing to file MCD then why would she initiate any further criminal charges to complicate the matter ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hi,

Till the divorce is allowed by the court any case may be filed from either side to create further disputes. Any dispute arising during the course of petition are dealt in the lite of Divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You must have entered into memorandum of settlement agreement under which you can have all the lawful terms and conditions regarding the future cases or maintenance or alimony elc.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

if she filed 498A then you better ask for anticipatory bail. that is your way out.

now staying 6 months in relative's house might not affect the case.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

If she has agreed for mutual consent divorce, then there is nothing to be worried about it.

It should be after mutually agreeing to all the conditions between you that you both decided to dissolve your marriage by a decree of divorce on the grounds of mutual consent.

There is no necessity to mention that you both live in their relative's house for 6 months in the petition seeking divorce on mutual consent grounds.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

Hi, after mutual consent divorce, she can't file any case if the same is mentioned in the petition.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. The court will not ask you any question except to say that whether you are confirming to the decision taken

2. The judge will not ask you any such question, dont stretch your imagination.

3. In mutual consent divorce no such situation will arise.

4. In mutual consent divorce there is no such grounds also, it is just mutual consent divorce thats all.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

1) judge wants to know whether there are any possibilities for reconciliation

2) if you say no then judge wouldgrant you divorce

3)since wife has agreed for divorce y mutual consent court would not go into fact that you have deserted or not

4) if MCD is dismissed then wife can file for divorce on grounds of mental cruelty and desertion

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

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