Hi, Me and my wife have agreed to go for mutual divorce after multiple cases (498a and DV case) files by my wife against me and my family pending in the court since last 2 years. I have already engaged a lawyer, but wanted a second opinion. I have agreed to pay certain sum to her as part of Divorce. Below are the terms she is asking for as part of mutual divorce process. These are not yet finalized. 1. I need to pay Half the amount to begin with. 2. Then she takes back cases(498a and DV) filed agaist me. 3. Then we file a mutual divorce petition. 2. Remaining amount to be paid to her before 1 month of divorce finalization(My lawyer told me that it takes around six month for finaliation). Questions 1. Is it possible to file divorce petition before she takes back 498a/DV cases? 2. Also if she takes money but later refuses to take back cases or refuses to go for mutual divorce, what precaution should I take? What remedy is available to me if this happens? 3. Is it a good way to get her acceptance of these terms over email or anything else before we start this process by giving her half the amount. Right now these terms are discussed only orally. 4. What are the precaution I should take so that she should not go back on her words? 5. What are the precaution I should take so that I suffer least damage even if she does not take cases back or does not go for divorce.
1. Yes it is. Ideally a petition for mutual consent is filed. Payment is made. Cases are withdrawn before the second motion
2. That is why it is done as per the process advised in step 1
3. Do as prescribed in step 1, to be sure
4. Tale the divorce as has been advised above so that everything is done in records of the court.
regards
She can back up. File MCD, mention settlement in that and than pay half and rest on date of divorce.
Divorce can be file anytime.
So, i said, file first and mention in MCD, if she turned after taking money, can file contempt.
No value of email.
Mention settlement in MCD, file it than pay.
Seeing the situation as described in question i feel it necessary to say something.
First it is not wise to go for any out of court settlement. It is one kind of blackmailing.
Once you accept their unlawful demand there is every chance of more demand by some other unlawful way or by some tricks.
Strongly advise you to refuse all their demand on the face. Do not pay a single penny to them.
Engage some good lawyer to defend you in the case.
Hi
Please, Please do not get carried away by oral discussions / promises of your Wife etc.
What ever you want to agree, please put it in writing in presence of witnesses in the form of MOU etc.
Do not pay any money in advance, if need be, let it be paid before the Judge in the form of DD / CHEQUE or any other mode through Bank only.
Let the same be recorded in the court.
Let the same be made part of record of all the court cases filed by her and / or you against each other.
The other way round, if they insist to pay without any record and only with promise to get compromised, you will be PURCHASING TROUBLE / PROBLEMS BY PAYING MONEY.
BEWARE !!!
In any given situation do not part ways with your money other than putting the same in writing and payment through bank only.
May God Bless You !!
1. Yes, it can be filed before the end of 498A case and once it is quashed or you are acquitted then you can attend in final motion.
2. However if there is terms of withdrawal of 498A case mentioned in the mutual divorce petition then even after divorce the high court can quash the case due to non cooperation of wife.
3. Mention the terms of the settlement mentioned in the divorce petition itself. part form this nothing will more is required.
4. Once MCD petition is signed no separate consent is needed.
5.Mention all terms of settlement clearly in the MCD petition.
1. Yes mutual divorce can be filed before withdrawal of the cases.
2 See half the amount should be paid through DD on date of mutual divorce not before one month.
3. A mutual settlement agreement has to be made.
4. Make mutual settlement agreement incorporating all the terms.
you can file divorce petition then later wife can with draw DV / 498 A cases
2) pay 20 per cent at time of filing for divorce
3) balance 80 per cent at time of second motion
4) don’t pay her 50 per cent before filing for divorce
5) if wife fails to appear in court at time of second motion your petition would be dismissed
6) you would then have to file appeal against dismissal of divorce petition as you complied with consent terms and paid her money as agreed upon
your wife can withdraw DV/maintenance case but she cannot withdraw 498a case if the case reaches the evidence stage,
you have to approach the concerned High Court to quash the proceedings,
my advise is to first file the Mutual Consent divorce case, and make payment of 50% amount on first motion, then ask her to withdraw DV and Maintenance on the same day,
immediately, on the next day, approach the High Court for quashing the FIR and get it done before the second motion, which will be recorded after 6 months of the first motion of MCD,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
also annexed MOU with the divorce petition,
1. Yes, MCD can be filed before the withdrawal of 498a/DV
2. MOU will help you in such a scenario
3. MOU will do the needful
4. MOU
5. MOU
1. Yes.
2. You can deposit the money in court with condition to pay her only after withdrawal of cases.
3. It's better you file it in form of consent terms before court after acceptance in email.
4. As directed in point no 2 and 3
5. Do as directed
Respected sir..
Thank you
MCD can be filed before withdrawal of 498a case.
Since you have both of the documents, namely the mutual consent divorce petition filed in the court and also the separation and settlement agreement signed by both the parties where in the advance is already paid, you can file these documents as proof in the court.
1. There is nothing wrong in filing the divorce cae before she takes back the pending criminal case against you, however you may ask her to withdraw the same immediately after filling the divorce case. You may be aware that she cannot withdraw the 498a case once a FIR is registered, hence it would be better that you file a quash petition under section 482 cr.p.c. before high court seeking to quash the case and she may have to file an affidavit stating that since a compromise has been arrived and divorce case on mutual consent has already been filed, she has no objection to quash the case.
Then only this case can be disposed or else it has to undergo trial which will take at least two to three years.
2. You can enter into an agreement to this effect that if she is later changing her mind then she is liable to return the money or else you would initiate legal action for recovery of the same.
3. Reduce the agreement in writing and get it witnessed by two people from her side.
4.See the above answers.
5. as above
.
Yes you can file mutual divorce petition during pendency of other cases.
You should ask her that you will give half amount on day of first motion of MCD petition
After filing of first motion if she backs off you can file a regular divorce petition and it is going to be decided in your favour.
