You have to make balance payment at time of second motion
2) consent terms signed by parties is binding upon wife
3) you should actually seek urgent hearing in HC
Mutual divorce settlement
Mera mutual divorce ke liye settlement ho gya, mere uper 125, 498A and 406 case chal rahe hai, half payment first motion pe de di hai aur pending payment second motion pe deni hai, first motion ki statement mein wife ne likha hai woh sabi pending case vapas le legi jab second motion pe pending payment mil jayegi, after divorce kya wo sare case vapas lene k liye bond ho jayegi ya fr case vapas lene ko mna v kr skti hai ? Second motion date 28.05.2025 hai Humne High court me joint FIR quashing hone ke liye petition v file kr di hai jisme likha hai ke hamara settlement ho gya hai aur half payment de di hai aur half payment divorce ki second motion pe deni hai, ab high court ne ye order kiya hai, High court next hearing 25.09.2025 …………….. VS STATE OF PUNJAB AND ANOTHER Mr. ……………., Advocate for the petitioner. **** Learned counsel for the petitioner submitted that the present FIR has arisen out of a matrimonial dispute between the petitioner and respondent No.2 and the matter has been amicably settled between the parties vide compromise (Annexure P-2). He further submitted that the entire lump sum amount of alimony has been paid to respondent No.2-wife and therefore, no useful purpose will be served in case further prosecution is carried on. Notice of motion. Mr. Gaurav Gurcharan Singh Rai, Senior DAG, Punjab, accepts notice on behalf of respondent No.1-State. Mr. ………………, Advocate has appeared on behalf of respondent No.2 and has filed his power of attorney in Court today and the same is taken on record. Let respective affidavits be filed before the next date of hearing. Adjourned to 25.09.2025. Kya mein second motion pe pending payment apni wife ko de du ? after divorce kya wo sare case vapas lene k liye bond ho jayegi ya fr case vapas lene ko mna v kr skti hai ? High Court mein FIR quashing ka full process kya hoga ?
Asked 1 month ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
12 Answers
As far as the 498 case is concerned the high court has passed an order to quash the same on both the parties filing the affidavit on or before the next date of hearing.
The amount to be paid in balance may be paid at the time of second motion in the mutual consent divorce case.
you may get the divorce case adjourned till such time the high court is passing an order to quash the criminal case.
- Sare payment second motion me nahi deni chahiye . - Second motion ka matlab hai divorce
- Divorce hone ke bad wo court me nahi aayegi to aapka case chalta rahega.
- Aap ko payment high court me FIR quashing ke waqt deni chahiye
- Ya to second motion ka date aage badha do , high court ke bad ki .
It is recommended that before making the payment at the second motion, you obtain a written statement from your wife confirming that she will withdraw all pending cases or cooperate in quashing them. This statement should be recorded in court to avoid any future disputes. It is safest to make the payment in front of the court and ensure you receive a receipt. During the FIR quashing process in the High Court, if the mutual divorce is finalized and alimony is fully paid there should be no hindrance in quashing the FIR. If your wife fails to cooperate, you can point out her non-cooperation to the court and continue pursuing the FIR quashing in the High Court.
For any further legal assistance, clarification or to pursue appropriate remedies, please feel free to contact me.
Regards,
Adv. Ajay Kumar Augustine
Advocate, Rajasthan High Court, Jodhpur
after divorce kya wo sare case vapas lene k liye bond ho jayegi ya fr case vapas lene ko mna v kr skti hai ?
- She can do whatever she wants... Make sure you have to put the conditions in your 13-B Mutual Consent divorce case that your wife has to complete these conditions after the divorce.
Otherwise, it can be a big problem for you!
Regards
Dinesh Kumar
|| High Court Advocate ||
P&H High Court Chandigarh
Delhi High Court
Sir jo Mutual Divorce ki file court mein put up ki hai usmein condition likhi hai k wife ko sare case vapas lene hoge. Kya wo enough nai hai ? Aur meri wife ne alag se Affidavit v diya hai k mein sare case vapas le laugi.. Mera divorce agar Quashing se pehle ho jata hai toh case vapas lena wife ke liye compulsory ho jayega ? Because wo terms and conditions mein likha hai and mein apni conditions fulfill kr raha hu 125 case ki hearing 20.05.2025 ko hai, kya mein next hearing date Divorce ki second date wali same le lu ?because us din divorce v ho jayega aur wife 125 ka case v vapas le legi aur 498A and 406 pending reh jayege jiska mein full payment ka wife se affidavit le lauga
Asked 1 month ago
Better to close everything first and then do the second/ last motion.
You can raise this concern whenever you have your last/second motion in the family court and request for the next date!
Even sometimes (Not for All), taking up the money, getting a divorce, and never coming to the court to close any pending litigation.
Affidavit is to be filed before high court that she has withdrawn all the cases filed by her against you, this will be done only after she has withdrawn them, however this affidavit is to be filed before high court in the quash case on the next date of hearing.
The terms and conditions are not enforceable in law unless and until it is a part of decree. Hence before passing a decree to this effect, you cannot trust this to happen, hence as an abundant caution, you may wait for the disposal of mutual consent divorce till she withdraws the criminal cases and the quash case is disposed by high court.
You can get an adjournment for the divorce case quoting the pending quash case before high court and let she withdraw the 125 cr.p.c. cas on the next date of hearing.
Wife personal presence is necessary in HC during hearing of quashing petition
ask wife to withdraw 125 car of case on next date of hearing
-
Yes, you can give the pending payment to your wife on the second motion (28.05.2025) as per the mutual settlement terms.
-
Since your wife has signed the affidavit and statement in court agreeing to withdraw all cases (125, 498A, 406) after receiving full payment, she is legally bound to comply.
-
But until she actually withdraws the cases or they are quashed by High Court, there is a small legal risk if she changes her mind.
-
FIR quashing process in High Court:
-
Both parties file joint petition with compromise deed.
-
Court issues notice to State and wife.
-
Both parties file affidavits confirming the settlement.
-
Court verifies compliance and quashes FIR in next hearing.
-
-
Divorce before quashing is okay, but ensure your wife cooperates in withdrawing/compounding remaining cases.
-
Yes, you can try to fix 125 case hearing on the same day as the second motion to close it together.
-
Take a fresh affidavit at second motion confirming your wife will support FIR quashing and has received full settlement.
Deposit the compensation money in court and keep a condition that only after withdrawal and quashing of all cases she can withdraw the compensation amount from court
- Agar wo divorce ke bad Court me case bapas lene ke liye nahi pesh hoti hai to kewal Affidavit or agreement enough nahi hoga , specially FIR cancel ke liye.
- But, agar usne First motion me statement diya hai to problem nahi aayega.
You can contact me for further suggestions.
Dear Sir,
First of all, you are suggested to be mentally bold and courageous because you have won the battle. Now the wife his bound to take her cases back and if she is not taking back, she would be guilty of comtempt of court. Let the 125 Cr PC case be taken back before the case of divoce second motion and the statement to this effect to be completed in the case of 125 Cr PC case and divorce case as well. Also, ask your advocate and to your wife to file joint application for early hearing before High Court and get the said court also terminated much earlier.
