You need to execute a consent terms with her before the family court that she will withdraw all casss against you after the settlement. You can deposit the said money in court with condition that she will be permitted to withdraw the same once all cases are quashed in high court.
Wife filed false 498a, 506, 504 and now agreed to sign mutual divorce with 18 lakh as alimony
Wife filed False 498a,506,504. In Charge sheet no Evidence provided, 2 Witness in chargehset is hearsay. I Filed for Discharge & Judge asked IO as well as DCP to give an explanation as how without Evidence FIR is filed, hence the matter is escalated. Meanwhile Wife agreed to sign Divorce papers with 18 Lakh settlement amount Offred as DD. In a couple of weeks on next date in Family court, we are going for mutual Divorce with agreed Amount given as DD. Since the agreed amount is good (18 Lakh) & demanded by Wife side Only. What should be my strategy on next hearing so that everything is disposed of off as i want to get rid of all cases n live FREE. As per my Divorce lawyer If on Settlement day before handing Over 18 Lakh DD , If i demand to come to court to take back 498a case, She will not agree to come to Local court for giving a statement in front of Judge since she agreed for settlement & after statement, she might be in trouble. My Criminal lawyer saying unless Wife comes in local Court n says no guarantee in future after accepting huge money as allemoney WIFE will take back 498a case back or support in disposing of 498a. My Divorce lawyer saying lets make Wife sign an Affidavit which will include all the conditions before handing over DD. And then we will go for QUashing in Highcourt by producing same Affidavit. 1) But how this Affidavit will help me coming out of 498a , 504,506 ? 2) Why should i spent more money on Quashing in High Court , If there is any work around in Local Court where i applied for Discharge, Cant i attach this Affidavite & make my discharge strong(Will it be time consuming ?) 3) Since Wife is agreed for Mutual divorce with the settlement amount, How Smartly I should get rid of everything so that in future I’m free from ALL for lifetime. 4) What exactly happens on Mutual Divorce day ? Tell me procedure? How do I get to know my Divorce grated on Same day as will there be any Certificate give on same day or updated online so that I’m Assured legally I am free to do anything next day onwards ? 5) Will Mutual divorce agreement include this statement "It is agreed between the parties, that both the parties shall not file any suit petition or complaint etc. against each other and the family members of each other in future and shall withdraw all the complaints, proceedings if filed anywhere before any authority in this regard whenever the same comes to the knowledge of the parties besides the cases mentioned above" 6) And will this above statement is enough for getting Discharge from 498a,504,506 case against me ? 7) Is it mandatory to have only DD as Payable amount during Mutual divorce settlement process which in court I have to give in front of Judge ? 8) Is there any other mode of payment also is allowed as part of allemoney while settlement? 9) What will the Win Win situation for both the parties since Wife now agreed for Mutual Divorce with 18 Lakh as allemoney. my both lowyers confused
Asked 6 years ago in Family Law
Religion: Hindu
15 Answers
Enter into consent terms with wife
2) it should provide that Rs 2 lakhs would be paid as alimony on first motion and balance Rs 16 lakhs be paid at time of second motion
3) wife to cooperate in quashing of dowry harassment case in HC
4) quashing to be done before second motion
5)file petition in HC
6) wife to file consent affidavit and appear in HC for quashing
7) mere affidavit before handing DD is not sufficient to protect your interests
8) consent terms to provide both parties undertake not to file cases against each other
the charge sheet has been submitted in Court and charges not framed yet, and you moved an application for discharge, RIGHT?
1 & 2 the trial Court won't discharge you, you have to approach the High Court for quashing the FIR and you will require an affidavit or even personal appearance of your wife here,
practically the trial courts won't discharge in 498a cases and use to take evidence and upon witness turn hostile acquit the accused but the whole process took 2-3 years, therefore approaching the HIGH COURT would be a good and speedy process,
3, 4,5,6,7 in Mutual consent divorce you both will sign an MOU and all the terms and conditions will be mentioned in said MOU, the family court will give you the next date of exactly 6 months and you both will again appear on next date and statement will get recorded and the Court will allow the petition and grant a decree of divorce.
means Mutual Consent Divorce requires a time of at least 6 months, therefore, I suggest you make part payment on first motion (on the day of filing mutual consent divorce petition) and balance payment on the second motion,
think, what if you make full payment and she refused to record the statement on the second motion? this is my concern, being a legal expert.
the MOU, as well as statement recorded before the family court, contains everything which you wants to record.
you can make payment through any mode like DD, Bank Transfer, Cheque, online, wallet, etc
8. you are advised to get the MOU drafted from one experience lawyer to avoid any future complications as MOU is the most important part of any divorce proceeding,
in addition, as advised earlier, I again repeat, make part payment on first motion and balance payment on the second motion,
also after filing the MCD petition approach the HIGH COURT for quashing the FIR
Unfortunately both your lawyers in divorce petition and the criminal case, have botched up your cases. You just answer a simple query of mine.... Does a citizen need to shell out Rs. 18 lacs to remain a free bird in an independent and democratic nation?
Think over it and let me know. I'm based in Mumbai/ Navi Mumbai, so it won't be much of a trouble for you to come to my office for exhaustive consultation. I'm handling such matters, (both criminal prosecution and matrimonial petitions in family Court) with reasonable degree of success since more than a decade. So under my charge, you don't have to seek two separate counsels.
So take appointment if better sense prevails.
After reading all your facts of the case here below are the solution
- Don't handover DD to her for MCD first.
- You have to quash the 498a case at any cost.
- Ask your wife to withdraw 498a case which is raised against you by providing false allegations by way of FIR.
- She is playing double game with you, ask her to file MCD in same court where 498a case is running and get permission from judge for MCD so court can quash 498a and you can pay DD court
- Later on she can withdraw 18 lacs from court and you can have both the cases order 498a quash and MCD order as well.
1. The high court on ground of settlement shall quash the FIR, and the proceedings thereafter .
2. See local court may take time in deciding the discharge and consent quashing is not costly affair, also discharge will be not on ground of settlement.
3. See let high court quash the FIR, make memorandum of settlement that wife will not ask any amount will not file any case in future.
4. See the court will record your consent for mutual divorce and then pass an order, same day you will not get copy of order and decree it take 2-3 weeks for same.
5.Yes this can be included.
6. It will help in consent quashing since the discharge the trail court can take same on merits high court has wide powers.
7. You can give cheque also bank transaction is good as you have proof of same and court can record in order. DD is full proof there is no dispute for same therefore DD is advisable.
8. You can opt other medium of bank transaction.
9. All cases withdrawn amount given , divorce granted mutually is win win for both parties.
1. Mere affidavit is not enough . A petition for mutual divorce containing similar terms for settlement is equally important and essential.
2. In discharge the court can not record consent of your wife. Through trial of the case only the order of acquittal can be passed. So it may take more time than quashing.
3. Consult with your advocate to incorporate such terms and conditions.
4. During final motion the court after recording respective statements will grant decree of dvorce.
5. Yes
6. No
7. No. You can pay in private as well.
8. Any mode of payment is valid.
9. If you are agreeable to pay this money then both of you are in win win situation.
1. This affidavit by your wife is not enforceable in law, hence first file a quash petition before high court, let she file an affidavit before high court expressing no objection to the quash petition the high court may quash the 498a case charge sheet, after which you may give her fifty percent amount during first motion and balance during second motion.
2. The lower court may not entertain the discharge petition hence you may have to high court only for quash since it is non compoundable offence.
3. You first get rid of all the current cases and then think about the future cases later on after divorce.
After divorce no DV case of 498a case is maintainable.
4. Your marriage will not get dissolved on the same day of filing the mutual consent divorce petition.
The court will adjourn the matter to some other day, mostly after 6 months.
After that you may have to file a petition seeking to advance the hearing on which the court will pass an order and post the matter to some other day.
After that you both may have to file a joint affidavit seeking to waive the cooling off period and seek divorce decree on which the court will either pass the orders the same day or may post it to another day.
After that the court may pass divorce decree, then you may have to apply for certified copies of the divorce judgment .
Thus it will not happen on the same day hence you may better keep the settlement amount on hold or make only 50% payment on the first motion and can pay the balance during second motion.
5. No such orders will be mentioned in the mutual consent divorce decree.
6. No.
7. It is not mandatory for payment through DD but it is also a mode of payment.
8. Yes.
9. Before all the cases are disposed do not pay her any amount.
1) My Div. lawyer has filed Contested Div. in Oct 2018 but now both the party (me and wife) has agreed for the Mutual Div. So my Div. Lawyer is saying same petition will be converted in MCD, as he has made Contested Div. petition back in Oct 2018 in such a way that it will automatically get converted to MCD in the next hearing which is after 2 weeks. So is it true? 2) Hence my Div. lawyer is saying in next hearing itself if I get DD for 18 lakhs and both the partied sign MOU then div will be granted on the same day and we don't have to continue with 1st ad 2nd motion ( as I am already staying away from her past 2 years and also as contested Div. can be converted into MCD so court will count 6 months waiting period from Oct 2018) ? Is it true ? 3) My Div. Lawyer is saying the day we both will sign MCD MOU the Div. will be granted and it will be updated online immediately where it will be written " Case is disposed of" meaning Div. granted. And after 30-60 days certified copy of Decree will be sent to our home address? Will I be considered as a single from the next day onwards when my div papers will be signed ? 4) After getting alimony and signing MCD/MOU papers, if my wife refuse to compromise on my request of quashing or didn't co-operate with me/or in the court for the quashing then is there any Law prevails which states that as per MCD/MOU wife has agreed to settle all the cases against husband so basis on that HC has to pass the Quashing order? 5)Can i hve "Consent Terms" (wife to cooperate in quashing of 498a,504,505 case in HC after the settlement.And I will deposit money in Family court. And Court will release money instalments 2 lakh on day she signs MCD papers And rest 16 lakh released only when Wife help in withdrawing all cases & all cases are quashed in high court. In such case when we deposit money in Court with such conditions who looks after releasing payment to WIFE from Family court side ? 6) Chances Wife & her lawyer will agrees these ?
Asked 6 years ago
yes, Court will convert the existing petition to mutual consent divorce petition. On the next date of hearing depending upon the agreement between the parties, court can pass order of divorce if both the parties are present and agree for the consented order
1. It may not be a fact, a fresh petition may have to be filed for MCD.
2. There is a constant misleading issues going on, hence you may have to be careful about this.
3. No, until the marriage is dissolved by a decree of divorce by a court of law, you cannot be considered as single.
4. You cannot do anything about it if she refuses to cooperate for quashing the case before high court.
Hence it was advised to not to make the settlement in full at a time, you may wait for the disposal of all other cases filed against you and then make the final payment.
5. Court will not accept your proposal, the court will simply say that it is between you both hence you may decide accordingly.
Court deposit is not possible becasue there is no provision in law for that.
6. You may better very careful while handling this, do not become prey to anyone's greed.
You can file contempt petition against her if she violates family court order.
- No, a fresh petition is needed
- False
- Usually, we get the certified copy within 5-10 days
- Why do you let her do that? Make the final payment after, at least, quashing of FIR
- Court won’t bother for your INTEREST
- Your query is full of doubts,
I advise you to move carefully
1. Yes it can be converted into mutual divorce.
2. The court can give date for second motion even after converting it into mutual divorce for second motion though court can waive of cooling period.
3. If divorce order is signed on mutual consent then you will be divorced from the next day.
4. See if she has taken the settlement amount and signed settlement deed same can be presented before the high court for quashing .
5. Yes there can be settlement terms.
6. See you need to pursue them for agreeing to your terms.
1) application for conversion has to be made supported by affidavit and consent terms
2) court has to pass orders permitting conversion
3) divorce would not be granted on same day
4) cooling period of 6 months can be waived
5) better option is to file petition in HC for quashing
6) wife should file consent affidavit . Pay wife Rs 2 lakhs
7) after quashing then pay balance amount of Rs 16 lakhs and get divorced on basis of consent terms
8) you can deposit balance money in court if you so desire
Dear client
- Your criminal lawyer is absolutely right that there is no guarantee regarding support of wife in taking the case back. So you should go for quashing in High court on basis of MCD.
- Affidavit cannot get you discharged in the criminal proceeding you have to approach high court for quashing of FIR.
- You just make a clause in MCD and in first motion that both the parties will withdraw all the cases and will not file any case in future also.
- The Mutual consent divorce is granted on second motion and you will get decree of divorce from the court.
- Yes The statement is part of Mutual consent divorce.
- The statement does not discharge you in that case but the statement given in the case of 498A from complainant that they don't want to proceed with the case will help you get the FIR quashed.
- You should give DD in front of Judge. Court Also record the statement of recieptent of DD.
- The mutual consent divorce is in itself a win win situation for both parties if you are giving alimony. Your wife is getting money and you are getting relief from all the criminal and civil cases.
