You have to comply with consent t terms agreed upon in mediation
2) if wife fails to withdraw the cases then file petition in HC for quashing of the cases
13B petition filed but cases not yet withdrawn by wife
My Wife had filed a complain case in which following section are there "498a,323,341,406,34 of IPC and 3/4". We had a mutual settlement from High court mediation center when I applied for bail under the following terms and condition: 1. Wife has agreed to withdraw her complaint case for a full payment of Rs. 12 Lakh. 2. Husband has agreed to make the payment in 4 parts of Rs.3L each. 3. Both parties have agreed to file file mutual divorce and thereafter live separately. 4. Both parties have agreed on the following schedule of payment: i) Rs.3L to be paid by husband to the wife on the date of filing the case withdrawal by wife. ii)Husband will pay 3L on the day mutual divorce petition is filed (This I've already paid as we filed for mutual divorce). iii)Husband will pay Rs.3L on the day they appear for divorce in the court to record their statements. iv)Husband will pay Rs3L of the final installment on the day divorce is allowed by the court. 5. Both parties have agreed to withdraw whatsoever cases pending against each other and further not file any matrimonial case in this particular matter. The point here is when high court judge granted the bail he made the filling of Mutual divorce petition compulsory for getting bail & have mentioned that I will have to cooperate with the case proceedings. In our Mutual Divorce Petition the above terms and condition has been mentioned along with the condition that wife will not lay any claim in future apart from the above agreed agreement amount. I also tried to add one condition that wife will withdraw all her cases before the final motion of 13B but she refused. She was not willing to mention any date for withdrawal of cases only giving verbal confirmation that once Rs.12L is paid I will withdraw the case. Also I had to agree because then she was not willing to cooperate to file the MDP and it was necessary to file MDP for the grant of bail. So, I had to agree to file MDP without any date of withdrawal of complain case. Earlier while making the agreement I thought that filing for withdrawal is one day activity and cases will be withdrawn on the same date when it's filed & I will pay Rs. 3L to her but now I'm hearing that for filing it will be one date and wife has to record her statement on another date for the grant of withdrawal. Now as per agreement I've to pay Rs.3L on the date of filing & not when the case is withdrawn. Now the wife is using this opportunity and saying that as in condition 1 it is mentioned that cases will be withdrawn only after the full payment of 12L. Now, once Wife gets the 12L she will definitely not cooperate to withdraw the case because I know her. Till now I've paid 3L on the day we filed MDP & I've got the bail. Please help me with this dilemma & suggest what can be done in this scenario?
Asked 2 years ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
7 Answers
First condition is, “Wife has agreed to withdraw her complaint case for a full payment of Rs. 12 Lakh”. But before that you will have to pay her 9L. You already paid 3L. You are aware that, withdrawal is time taking process. She will insist on payment 9L before filing for withdrawal and meanwhile she can anytime turn back. High Court cannot direct any party to withdraw cases even if there is agreement or order from Court. Your best option is to fight out cases with her on merit. Now you are on bail, it is difficult for her to get the bail cancelled. Or you can enter in to escrow agreement with her, deposit balance in bank and on fulfilment of all agreed conditions, bank will release balance to her.
Pay her through postdated Cheque to coincide with the date of her withdrawing the case.
You can proceed as per the mutually agreed conditions and in the same procedural manner till the end as per the agreement.
Since this condition has been recorded by court, she cannot dare to violate the conditions later on.
If she fails to withdraw you may file a quash petition to quash the criminal cases based on the agreement relying it as documentary evidence.
- It is correct the after getting the full settlement amount , she can refused to co-operate for withdrawing the cases filed by her against you.
- Hence, you should pay the said amount in three installments i.e. first at the time of filing the joint divorce petition , the second on the date of decree of divorce and third with the withdrawing all the cases including the quashing the FIR.
- Further, at the time of recording the statement in the First & Second motion before the court , you can mention that you are agree to pay the settlement amount with the withdrawing all the cases by her.
- Further, if she refused after passing the decree of mutual divorce, then the said decree will be a ground for quashing the FIR.
In your case, the terms of the agreement with your wife are crucial. If the agreement clearly states that the cases will be withdrawn only after the full payment of 12 lakh, it might be challenging to compel your wife to withdraw the case before receiving the entire amount.
You might consider the following steps:
Review the agreement: Carefully go through the terms of the agreement you both signed to understand the obligations and timelines.
Negotiation: You may want to try negotiating with your wife, perhaps with the help of a mediator or your respective lawyers, to find a resolution that both parties can agree on.
You need to enter in to consent terms before the court and then 13 B can be proceeded with
