1. Do not pay 18 lakh on the first date. Pay 9 lakh and as the court to give another date and direct all the parties to withdraw the pending cases within the said time. 

2. That is right 

4. as advised, give half amount and then as and when all the cases are closed give the remaining amount and get the case closed. 

5. It will be quashed if the wife says yes

6. advised above

7. advised above

8. this is the right approach 

9. The court will direct her to return the money and thereafter it will again be fought as contested case

10. NO

Regards 

File petition for quashing of 498A case in HC 

2) wife can file consent affidavit 

3) HC can pass orders for quashing based on consent terms and her consent affidavit 

4) wife presence is necessary for quashing 

5) you can deposit Rs 18 lakhs in family court as per consent t terms 

6) wife can withdraw the money after quashing and MCD is granted by court 

you are advised to stay firm on making payment of 50% of the settled amount on the day of the first motion, 25% on the day of recording of statement for quashing and balance on second motion,

once MCD is granted, and FIR quashed, she can't file any criminal litigation against you,

quashing is the only option and her statement, besides affidavit, may be recorded in the High Court,

Hi,

In these circumstances, the settlement terms are as follows: withdrawal of all cases by parties before second motion of divorce, no further and fresh cases, alimony amount as full and final settlement and other terms as per convenience of parties. You are suggested to pay alimony amount in part i.e. some amount on the day of first motion, some amount on quashing of criminal cases and some amount on the day of second motion. Don't pay in cash, rather in from of DD. Also, for quashing of criminal cases file joint petition on the basis of settlement and it will succeed. 

1. Make the payment only if the your wife is ready for mutual divorce and you make the payment in 2 installments- first at the time of filing of the petition and remaining at the time of final motion. Thereafter you can apply for quashing in high court on her consent.

2. Yes , signing a MOU along with MCD petition is an option but unless petition is filed in court, do not make payment even if in part.

3. yes and you may loose half of the money. So you may include a cause of filing cheating case if she defaults in appearing.

4. No . it is to be paid only at the time of final motion.

5. If CS is submitted then through trial also you may get acquitted with her consent.

6. Both can be simultaneously.

7. Unless decree of divorce is granted with her consent you can not get the case quashed in her absence.

8. Yes, do this.

9. cheating case

10 No on same old cause of action. 

1. File a quashing petition before the high court and ask consent for consent quashing of FIR.

2. Yes make settlement memorandum for same.

3. See in case MOU is there with you then you will have same to present before the court that you and wife has settled and has entered into agreement.

4. See record this in MOU and present before high court the high court can quash the FIR based on MOU and can ask your wife's presence in court.

5. Consent quashing will.take less time if they agree for same in mou and come.for.consent like 2-3 weeks only.

6. You can apply along the mutual divorce once memorandum is signed.

7. Criminal case cannot be withdrawn in the local court it can be quashed from high court only.

8. If they agree it is best thing to do.

9. There cannot be any criminal case as such against wife.

10. No she cannot file once she has agreed for settlement and withdrawn the cases.

You can go for joint quashing and file consent terms in family court all cases will be quashed. It takes some time for quashing in HC. But it's a good and permanent remedy

1.The 498a caase canot be withdrawn by her even if she wants to.

The next option for this is that you may have to file a quash petition before high court to which she may have to file an affidavit expressing that she has no objection to quash the said case since you both have planned to file a mutual consent divorce before the family court.

Once the high court quashes the charge sheet in 498a case, you can apply for discharge in the trial court and get rid of this case after which you can file the Mutual consent divorce case and can give her the money what has been agreed upon.

Without getting the 498a case disposed, do not pay her any money because she will not bother about this case after getting the marriage dissolved after taking the money she demanded.

If your lawyer is not cooperating or her lawyer is not supporting then you may better do not agree for anything that way and face her in the trial proceedings.

2. Getting an affidavit from her in the presence of he counselor will be of no use, because that will not help you tide over the problem of the 498a case, you may have to contest the same on the basis of the charges leveled agaisnt you. This affidavit will not be an admissible evidence in the court of law.

3. Your friend is right hence you have to exercise abundant caution while handling this situation.

4. You can ask her to cooperate to quash the 498a criminal case and if possible by paying a partial amount of the negotiated amount, after that you can think about filing the MCD.

5. Quashing will hardly take one week time, if she cooperates then it will be successful.

6. It is advisable that you better go for quashing before filing the divorce case.

7.  She cannot withdraw the case in the lower court even if she wants to do, quashing before high court is the only option.

8. It is a good idea.

9. You cannot take any criminal action agaisnt her if she refuses to cooperate after taking the money from you.

10. No, she cannot.

It is not maintainable in law, because it was not a legal document that which was entered between you both, it was just an understanding reduced to writing.

No cheating case is maintainable.

Whether on the date of pronouncement of judgment on divorce or not, the lawyers will be present in the court, why do you get such doubts in your mind?

Judge will not ask anything on the DD amount or the settlement amount, the court will not show any interest in your settlement process or arrangement, it is between you and her, the court will not interfere in that.

Even the MOU will not be a part of the judgment, hence it is not maintainable.

On the MCD you may have to sign the petition for mutual consent divorce and affidavit to that effect. The MOU will not be presented to the court because it is  not part of the divorce process in the court.

MOU is not a settlement deed.

An affidavit expressing her no objection to quash the criminal case before high court is essential, the MOU has nothing to with the case in high court, it will not be an evidence or a legally valid document.

The affidavit to be filed by her will be in a standard format, which your advocate will take care.

If both the parties are present and are ready to make the argument, it can be done on the same date of hearing.

How many days it take for passing the quash order had been explained above.

If the wife is not turning off before high court for filing her affidavit on the said date your lawyer may seek time to bring her on the next date of hearing.

If she does you can opt both cheating and contempt of court case.  The amount can be deposited in court and can be only withdrawn after quashing. 

You can file  case of cheating against wife if after accepting alimony amount she does not appear in court at time of second motion for divorce 

2) if wife does   not appear in court on hearing date for quashing HC would not quash the FIR 

3) if wife appears in HC you can get HC orders for quashing in one month time or so 

4) it can be passed on one hearing 

you can file a breach of contract but you remained stuck in 498a,

the lawyers will also be there along with both parties on the hearing of divorce case, the statement will get recorded, you have to make payment of the settled amount as per mutually settled between both you, MOU will be placed on file and become a part of the Court's record, statement will be recorded separately,

MOU or settlement deed is the same,

an affidavit is not required for MCD,

quashing proceedings usually took 2-3 weeks and your wife need to appear for once only if needed,

quashing order will be passed only after recording her statement

See settling a criminal case of this nature is not maintainable it is not compoundable offence so this type of MOu is not accepted it is understanding just between you and your wife no case maintainble therefore.

Further you can pay after signing divorce and agreement and giving consent for same.

Court record consent for divorce on the divorce day.

Your advocate shall be also present. Separate MOU and divorce petition are there.

High court some time may ask for separate affidavit for quashing and her presence.

See in consent quashing if both the parties are present then court generally do it fast there are no arguments as such.

Court may give next date to record her consent.

Hi,

As advised in previous reply, if your wife desists from compromise after taking money, you  may drag her to court on various occasion and reasons. At the time of court proceedings, courts do record the statement of parties for divorce and she is bound to come. Similarly, in quashing also, her statement will be recorded. If she does not, she will be summoned by court.

1. First and foremost do not pay the money to your wife unless and until the 498a proceedings are quashed. The very fact that she would cooperate in quashing the 498a mater should have been part of the Consent Terms along with her alimony.   

2. Of course Consent Terms have to be drawn up. It is not only advisable but also absolutely necessary that the terms form part of your Decree.  Do not be in a hurry to hand over the DD.  you will have to first draw up the Consent Terms and then take a date to finish all the compliances and only on the date when the Divorce is being passed, you have to give her money. 

3. Firstly, 498A cannot be "Withdrawn", it has to be quashed. Secondly, you have to approach the High Court for it, not your wife or her lawyer.

4. It is not a trap.  Your wife has to give her no objection to the quashing. 

5. Yes, quashing only option.  Time depends on your lawyer. 

6. Before.  Do not leave it pending or you will be left attending criminal courts throughout your life. 

7.  It is advisable to have wife appear.  

8. All compliance has to be completed before Divorce is granted. 

9. Per se, nothing.  If she withdraws her Consent, you can only take advantage of her behaviour to gain the sympathy of the Court. 

10. No, atleast not on the subject matter of the case.