Hello,

Take post dated cheque from the husband and make this clause in the MCD agreement , that the cheques have been taken towards the legally enforceable debt.

Regards

Hello

The alimony must be taken before the 2nd motion. If he dies not give the same withdraw the mcd application and withdraw the case u/s 498a etc only after they have paid full money.

Regards

Hi,

As per terms and conditions, you are suggested to proeed for quashing of FIR. The money may not by withhold by your brother in law because without that no divorce will be possible.

Sir a agreement and memorandum can be prepared for the mutual divorce with alimony condition and for cases . Further the quashing should be filed after the second installment of alimony is received on ground of settlment and divorce between the parties so that he does not back.out.

Also it can be considered once he pays first installment and then quashing can be done in meantime as after that if he withdraws his consent it's his loss as in case he goes for annulment proceedings it would be long and cost him further maintenance in same also can be asked from.him.

So yes it safe to go for quashing before or after the second motion of mutual divorce.

Dear Client,

If marriage declared null and void and without divorce from court this marriage is already void, she can file rape complain as she got physical with him believing to be lawfully married to him.

Next this shall be record in MCD petition, the period of payment, if than he turns back after withdrawing FIR, you can file contempt.

1) One can take Demand Draft from husband and MOU agreement signed in front of court and judge signed it, so mentioned when second cheque going to produce it will automatically become court order.

Don't worry court orders has to be followed and if your Jija ji commits such type of mistake then immediately file a FIR against him u/s 420 IPC and an application in the concerned court for the contempt committed by him.

1)if husband does not pay second installment and takes back his consent your sister can file appeal against said dismissal of divorce petition

2) she has acted on consent terms and with drawn 498A case filed by her .

3) court in appeal would grant her divorce

Dear Sir,

It is better to safe to go for quashing before or after the second motion of mutual divorce.

The Mutual Divorce Agreement should also contain that the wife has received all her Stridhan, Permanent alimony, and all other dues under the marriage and she is forgoing ( as the case may be) all her claims in the property or maintenance, etc.

The Mutual Divorce Agreement should clearly contain the custody of the minor children and the arrangement made regarding their maintenance.

The Mutual Divorce Agreement should also contain the date or the period and place where the proceedings of divorce by mutual consent between the parties would be launched.

The Mutual Divorce Agreement should also contain the terms of payment of the money or handing over of the assets at different stages of the case.

If there will be no objection in the High Court the FIR under Section 498 a and 406 will be quashed by the High Court.

If section 13b is filed for the mutual divorce and both the parties agree to withdraw the cases there will be no need to go to the High Court and as soon as the mutual consent divorce will allow the cases under these sections will be withdrawn

Dear client,

1) if husband does not pay second installment and takes back his consent your sister can file appeal against said dismissal of divorce petition.

2) It is better to safe to go for quashing before or after the second motion of mutual divorce.

3) The Mutual Divorce Agreement should also contain the terms of payment of the money or handing over of the assets at different stages of the case.

If the husband is playing fraud by withdrawing his consent after the FIR is quashed, then she may file a contested divorce case against him on the same grounds.

No criminal case can be filed for this.

Yes it would be better that first the family petition for annulment is withdrawn and mutual divorce is files.

The consent quashing would be in a date in high court a petition for quashing has to be filed by the husband for quashing FIR against him and the wife can give consent for same.

Husband has to file petition in HC for quashingof FIR under section 482 of IPC

2) it may take around 3 months or so

3) your sister should sign the consent terms first then only husband would withdraw his case

the quash petition may be taken up on a single day also, but before that you make sure that there is no other case pending before any court.

Dear client,

1. Husband has to file petition in Hon’ble High Court for quashing FIR under section 482 of crpc

2. It will maximum 4months as per the discretionary power of the court

3. As your sister should sign the consent of the terms, then only husband would withdraw his case.

panchayat divorce is not valid ,Only a divorce through court whether mutual or contested is valid.

It takes between 2–5 hearings to get the case quashed which will take anywhere between 10 days to 3 months.

First make the first motion of MCD.

Then withdraw the case before the date of the second motion.

Regards

You will have to file a petition before the HC in order to get the FIR Quashed.

Get in touch with a local lawyer for the same.

Regards

There is no time bound programme for quashing FIR specially in Criminal Matters Court may or may not.If your JIJA ji withdraw the case then what is the relevancy of FIR u/s 498 & 406.

The quashing of the fir and arrst stay normally is done in a day....1st hearing....excluding the time for filing drafting etc....the petition is filed in the hc.

Regards

As told above, based on the first motion the same will be quashed by the HC and yes you must as of now file the first motion.

Regards

you should proceed with terms and conditions mentioned in consent terms enclosed to MCD

2)after first motion in MCD file for quashing in HC

3) wife can file consent affidavit

4) HC would quash FIR in view of settlement arrived at between the parties

1.Don't worry follow.

2.An application to the effect has to be given by both the parties and this has to be mentioned that settlement in case u/s 13 by the parties has arrived(Copy Enclosed) and accordingly final order of withdrawal has passed so the concerned party is not interested in the investigation of the case, hence prayed that the Hon'ble Court may pass suitable orders so that harmony and cordial relations between the parties be maintained for the future.

Yes you should proceed on terms of the 13 B further you have to file a quashing petition on the ground of settlement and the affidavit of the opponent party has to be given for the settlement.

Have to file writ in HC for quashing of FIR on the ground of compromise.

Quashing has to be filed in HC only

Personal presence is necessary in HC

It is better to appear both party, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.

Sir court may ask the presence of the parties for the consent quashing generally parties are asked to remain present in court room. For quashing in the high court.

HC and non presence needed, advocate will represent.

In a Criminal Case Accused and the complainant should always be present in the court on every date except court don't desire so.

In the HC

She may appear through an advocate also,

if the court will ask for her appearance then she will have to appear

Regards

Thanks to all for your suggestions.so in above case should we proceed with terms and conditions whatever are written in 13b.my second question what is proper procedure to quash fir based on 13b mcd?pls answer my both questions?.

Instead of terms and conditions you can draw a MOU between both and once the same is enforced then she can cooperate with him in the quash petition filed before high court.

The lawyer of the husband will take care of the procedure for filing quash petition, your sister may file an affidavit expressing her NOC for this provided all her other requirements have been fulfilled.

If appearance of wife is compulsory to quash fir under section 498a and 406 ?if yes in which court means high court or district court?

She has to be present while filing the affidavit before the high court.

The court in quashing cases generally keeps the litigant present before the court to record the consent.

You can contend before you were forced to sign the mutual.consent and compromise. Then withdraw the consent.

1) your presence would be necessary during the hearing of  quashing  petition 

2) if husband fails to make payment draw attention of HC to said fact 

3) quashing petition would not be allowed unless husband makes payment 

Better first get the money than pursue quash petition.

You can withdraw your consent. IF your advocate will not appear court will not order quash.

If the FIR is quashed andthe husband later denies for the settelment then you may ask the court to again open the FIR 

Without your statment nothing can be done either it is quashing of FIR or closure of case.Yes you can withdraw your consent but please see first that it should not go adverse against you.

Hello

         Cases were filed against the husband under relevant sections of the ipc as stated by you. Now in case of mcd you must withdraw the cases Nd the husband must pay the Money as agreed upon. If he does not pay the money or backtracks from his statement and you can always go ahead and file a fresh case as these cases were not false. They were withdrawn because of the compromise. If one party does not honour the terms of the compromise then the other party is free to go ahead and lodge a case.yes you can withdraw your consent.

Regards