• Mutual divorce through lok adalat

1) My wife is agreed to receive her gold ornaments which were kept in locker in Andhra bank and further agreed to receive the amount of Rs. 6,80,000/- as permanent alimony at the time of granting of decree of divorce by mutual consent, before a competent court of law (at the time of hearing).
2) My wife is agreed to withdraw the case filed by her in piler police station for offences of U/sec. 498-A IPC and Sec. 3 and 4 of dowry prohibition act.
3) My wife is agreed to file divorce petition by mutual consent on or one or two days after 11-3-2017, positively before the Honourable senior civil judge's court, piler.

The above points are mentioned in LOK ADALAT which my wife agreed and signed on 10-2-2017. our mutual divorce papers were filed on 13 March, 2017 and registered at July 27, 2017. Now my hearing is at 26-2-2018. 

Now my wife parents are giving pressure to us through our lawyer, "to take jewels before the hearing date from bank and secure it at my lawyer's place so that he'll bring it at the date of hearing" and lawyer is telling that all the proceeding will finish at the same date itself so we'll bring prior to hearing date - I DOUBT THESE STATEMENTS please guide me properly.

When she'll withdraw the cases which mentioned above is unknown to me. Lawyer is telling that once divorce is granted, then automatically cases she kept on me will vanish automatically - I AM ATLEAST EXPECTING A PIECE OF PAPER AS SHE WITHDRAWN CASES - how to know that she withdrawn. Will it be prior to divorce or after divorce. If it is after divorce (after receiving permanent alimony) how will i trust she'll cooperate.

Please Guide me the court procedures of mutual divorce step by step. at which stage do i need to pay the permanent alimony. how will court helps me in going through this case.

MY WIFE AND THEIR PARENTS WANT TO WILLINGLY PUT ME THROUGH UNNECESSARY PROBLEMS. i doubt my lawyers integrity also now...

please help me respected lawyer......
Asked 4 years ago in Family Law
Religion: Hindu

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21 Answers

Dear Client,

Without her withdrawal of cases will not vanish.

She have to file application for withdrawal of case.

Also, instead acting on their demands, follow what is agreed in lok adalat, and get things recorded in lok adalat order as to on what date/situation she will withdraw cases etc.

Through this, u will be secure for any change of mind of her.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) prepare list of gold ornaments and hand over to wife at the date of second motion. No need to hand it to Lawyer

2) cases should be withdrawn before the second motion

3) alimony is to be paid at time of second motion

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The objective should be both parties should be convinced and part ways without cheating each other. if there is an element of suspicion, then, better to be cautious. Keeping jewels at lawyer's office is not advisable and they may say that it has been stolen. Therefore, you can tell them all articles will be returned instantly the day the cases are withdrawn and mutual divorce adjourned to orders. She has to be present for the second hearing thereby bringing mutual consent divorce to end. On the same day, she can approach the police and submit a letter to withdraw and the police will close the file which will reflect online.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Handover the gold ornaments under the Undertaking, attach a list of ornaments along the undertaking and take sign from wife.

Also at time of filing mutual consent divorce an Agreement/consent terms can be prepared where all these things about ornaments, withdrawal of prosecution by wife alimony, maintenance can be mentioned so that there is no chance that you are harassed in future.

The mutual consent divorce is filed in joint petition (in form of Affidavit) before family court at local jurisdiction. After filing the petition the statements are recorded and the matter is adjourned for a period of 6 months( the cooling period). After 6 months the court will again here the parties and if it finds that parties have not resolved there dispute than will pass a decree of divorce. if you are paying on your terms than the alimony can be paid at any time before after divorce same can be recorded under the divorce consent terms.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The cases on the mutual agreement will be agreed in the memorandum and will be approved by the court to withdraw the cases against you.

Please deliver all the stuffs when you reached to a memorandum stage and court allowed the divorce on the ground of agreement. You may deposit the agreed amount in the court as well.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello Sir, all the alimony and the gold jewels Should be given by you on the 2nd motion(26/2/18) the final hearing of the case .. You can give it to her in court and after she receives , you both can make a final statement before court for mutual dissolution of marriage ..2) As far criminal cases are concerned , she have to wilfully withdraw the cases , they will not get dissolved automatically ... Are these conditions mentioned in the mutual divorce petition ??

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Has the police registered FIR u/s498A of IPC based on the complaint filed by your wife?

2. If yes, then she will not be able to withdraw her said complaint since section 498A of IPC is non compoundable.

3. She shall have to execute an affidavit affirming that she had lodged the said police complaint u/s498A of IPC out of domestic rage which is not entirely true and the dispute between herself and her husband has now been amicably settled.

4. Thereafter, you shall have to file a wrir Petition u/s482 of Cr.P.C. before the High Court praying for quashing the said FIR on the ground of the said affidavit affirmed by your wife and during the hearing of the quash petition, your wife shall have to support your submission.

5. The DV case can be withdrawn by her by filing an application.

6. When all these cases are withdrawn and quashed, you can handover her Stredhan and also all the payment on the day of the final hearing of the MCD application before the Court.

7. If you make the entire payments before, it might happen that she will not appear during the 2nd motion and will start demanding more from you.

8.Handover, payment and also Streedhan directly to her and never to any lawyer for the safety of the same.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Respected sir ...

When the statement of first motion will be recorded in court under section 13-B of HMA then just simply mention all these things there and also remember to mention that she will withdraw all the Case's against you and your family.. and get a copy of court decree after that you will be free from all the bindings ...This is just a simple and sobre procedure...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Cases will not vanish automatically. Your wife should withdraw these cases now, so that as on 26.2.18 there's no case pending against you.

You need to handover her jewelry and alimony to her on 26.2.18 itself. Incase she fails to withdraw these cases that she's filed against you, must not handover the alimony and jewelry to her on 26.2

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

All the conditions stated above will be mentioned in the Joint Memorandum of Understanding which will be perused by Lok Adalath authorities and they will take the terms on record and get signatures of both of you on the order sheet. Thus it will become a Court record and binding upon both of you. Thus neither of you do not face any trouble. It is a valid as good as civil mutual divorce decree on the basis of which criminal cases pending against you will be closed otherwise it will give rise to cause of action of contempt nature. For more guidance contact me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The criminal cases filed by her under section 498a and 3 & 4 DP act are not compoundable offence, hence even if she wants to withdraw the same she cannot do so.

You may have to file a quash petition before high court to quash the chargesheet, in that she should file an affidavit expressing her No objection to this petition.

Then only that case will be disposed.

Without this, you may not return anything nor settle money.

If you suspect your lawyer to change sides you may change the lawyer.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hi, she should withdraw the cases before second motion.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1) wife has to give you certified copy of order that case no ___ has been with drawn

2) dont pay her any money before she attends court at time of second motion

3) gold can be given before and acknowledgment obtained from wife of receipt of her gold jewellery

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You should not pay alimony before she withdraw civil cases and gives a no objection so that criminal cases can be quashed from high court.

Also if she is aiment you can make a Mutual divorce memorandum/ agreement where you can specifically mention that you are paying this amount and gold to wife for alimony. Also she agrees to withdraw civil cases and civil.certified copies of order for same before second motion or undertakes to do it . And gives an affidavit as to no objection on quashing the criminal case against you.

Also not following the lok adalat order amounts to contempt of Court also you can file for execution of the lok adalat order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

contact for further assistance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Alimony cannot be avoided even after divorce. Even if mutually separated, a divorced wife has right to claim alimony.

All FIR has to be closed as "mistake of fact" and once you get the copies of those FIR, then you can proceed to divorce.

If any of the conditions stipulated in divorce settlement are breached, the aggrieved party can always approach the court alleging fraud.

Therefore, let she co-operate in divorce and criminal cases, then you deposit her belongings.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. After getting MCD Decree, the cases filed by her does not get automatically withdrawn or vanished.

2. Cr.P.C. is equally enforceable all over India excepting the State of J & K, If your lawyer has stated that sec.498A of IPC is compoundable in A.P., ask him to show the provision. Get this point verified by other very reliable lawyer since it appears to be strange to me.

3. The alimony DD can be handed over at the Court itself and not before that since if she refuses to appear before the Court after taking the amount, you will not be able to do anything and she will continue to stay as your wife for further demanding money from you by luring you to agree for MCD.

4. Only way to know whether the cases (excepting 498A FIR) have been withdrawn or not is to ask for the court order specifying that the said cases have been with drawn.

5. Never go by anybody;s verbal assurance.

6. It might be that you are heading to be cheated grossly unless you take adequate precautions well in advance.

7. Let this date be passed if she could not withdraw the cases and you could not get the 498A case quashed.

8. The 2nd motion can be held after another month when she complies with the agreed terms for filing MCD.

9. You should not do anything with the assurance of her taking the agreed steps in future.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If the criminal cases filed by her are compoundable in AP then she can file a petition to this effect before the concerned magistrate court on the basis of compromise arrived at before lok adalat, so that the court will discharge the accused and the case will will be disposed.

Until she is not giving a petition stating that she withdraws the complaint, the cases cannot be disposed automatically.

If the charge sheet is not filed then she may give an application for cancelling or withdrawing the complaint, the police may refer the same before court to cancel the FIR.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Make arrangements to deposit the amount in court and it will released after all formalities and conditions are fulfilled by the wife.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

On 26-2-2018 we both has to appear before court for second motion, as per my knowledge these cases should be with draw by that time. How will i know that these are withdrawn?.

Ask your wife for the relevant orders passed by the Court vide which these cases have been dismissed as withdrawn.

In FIR it stated like FIR No.: 214/2016, Chittoor district, date: [deleted], Andhrapradesh. Sections: 498 (A), 323, 355, 506 IPC r/w 34 IPC and sec. 3 and 4 of dowry prohibition act. 1961. on me and my family members from A1 TO A4. My lawyer said all these are compoundable in Andhra pradesh. Lokadalat passed on 11-2-2017 by agreeing to withdraw all these cases, so no need to withdraw by her again --- how to trust these words?. some sections didn't mention in lokadalat so iam worrying.

Ans. Yes, 498a is compoundable in Andhra. With your wife's consent and the compromise deed entered into in between you two, the criminal case against you can be compounded. I think the Lokadalat order is not sufficient. You will have to approach the court of the concerned magistrate to get the compounding done.

Ok. pls check the online status by using the case crime status. This should give you the exact status of the case. In case you are not able to get the requisite detatils online, engage a lawyer to do a quick inspection for you.

The terms of compromise recorded in the Lok Adalat order are final, and she cannot demand anything in excess thereto.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

In case she adopts, such behaviour she would be guilty of cruelty.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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