You can impose condition that money will be paid to her only after 498 A is quashed .
terms of MOU are not in your interest
revise terms of MOU
498a quashing and MOU
Hi- Further to my last question, the following process has been agreed with the other party (of my wife). Brief summary: I have a 498A, DV against me and my aged parents and Divorce case against me in Mumbai The other party has agreed on MOU and is ready to proceed, however they insist that my lawyer should file for quashing in High Court within 90 days and the agreement money is deposited in the court when quashing petition is filed. I am not an Indian resident and my parents are very old to travel to Mumbai from my home state. My father is very old and he has my power of attorney. I have a PO issued against me for all these false cases and hence I cant travel The following has been agreed as listed below in chronological order. I just want to understand whether I am exposing myself to any risk here 1. MOU will be signed (my father can sign it send send notarised copy from my home state) 2. Money deposited within 14 days to the court 3. Quash petition filed. Quash petition filed by me in High Court 4. divorce amendment filed by my wife in Family court 5. Quash hearing to conclude within 90 days of filing the petition 6. First motion of MCD filed (wave off of the 6 months) 7. Second motion of MCD filed My MOU (prepared by my lawyer) states that my wife can withdraw money after dissolution of marriage (and not after quash). Is it possible for dissolution of marriage (MCD) without quash in mumbai, or is Quash the mandatory condition for MCD ? Is it worth mentioning that she can withdraw money only after Quash and MCD ? My fear is that she will get MCD, will withdraw money and not co-operate in Quashing of the case. What are my options in this scenario ?
Asked 3 years ago in Family Law
Religion: Hindu
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7 Answers
An agreement cannot be signed in one state and sent to another for signing and notarising. That would not be a valid document.
The mcd can be done without filing a quash petition.
Give the money only at the time of the aexond motion. Deposit the money in the court.
You should take an anticipatory bail and tgen come to India. If they have agreed to settle then you can get bail on the basis of the statement of the wife. Now come to India and file a mcd and first motion.
Then file a quashing petition and state that mcd 1st motion has been done.
Then at the time of the second motion hand over the money.
- You should make payment in installment and not in a single payment
- Some part of the amount should be given at the time of mutual divorce finalization and the remaining amount before the High Court at the time of quashing the FIR
- Legally her presence at the time of quashing is needed before the High Court.
Dear Client,
File a quashing petition and make the payment in the court only.
Thank You.
Quashing the criminal cases by high court has nothing to do with the divorce case, however you can impose that as a condition for MCD and also for depositing the money that has been agreed in the settlement process.
You can impose the condition in the agreement that she can withdraw the amount only after the quash petition is disposed and the MCD granted.
Yes after mou and dissolution of marriage money can be withdrawn through quashing if same is mentioned in consent terms.
Yes ideally it should be that way
1. as your father holds a POA from you, he can sign the MOU on your behalf. i dont think there is any need to then transmit the MOU to the UK for your signature and notary
2. the quashing petition has to be filed within a certain period from signing of the MOU as agreed in that MOU
3. your lawyer has to get that petition listed for hearing before the High Court
4. once the petition is listed for hearing, your lawyer can submit that the Petitioner is willing to deposit the money agreed to be paid to the other party, with the Court, pending completion of MCD formalities before the family court
5. till the MCD is finally ordered by the family court, the wife should not withdraw the money lying with the HC
6. once the MCD is granted, the parties can apply to the HC for listing of the quashing petition for final disposal. the wife can withdraw the money and the HC can also finally dispose of the petition thereby quashing the FIR filed against you
7. no need to make the quashing petition time bound as you never know how things pan out. so its always better to have some fair play in the joints. the petition can be kept hanging till the final MCD order is granted and the petition would be kept pending for compliance until then
8. the above will take care of your apprehension that your wife may get MCD, withdraw money and then not co-operate in the quashing petition
9. MDC and quashing are 2 different procedures. none is dependent on the other. so first get MCD and then have the quashing petition finally disposed off when simultaneously the wife can also withdraw the money lying with the HC
