After marriage , my wife had stayed with me for 3 days only. After that on the pretext of joining her work place, she had left and did not return later. On the very next day of her joining her work place , she had told me she will not return to her matrimonial home as she could not stay with my aging parents. I had refused her demand to stay separately with her, from that day we are living separately. On calling her father , even he also threatened to either agree to his daughter’s demand or be prepared for harsh actions . After 1.5 months of our marriage she had registered a FIR against me under 498 (A)/341 P.C and Section 3 of Dowry Prohibition Act. The police after several hearings acknowledged that she had inflicted a false case upon me and thus did not pass the case to court. It has been 1.4 years of marriage and 1.2 years of case being registered against me. Now after she has been transferred to another state, she has firstly sent a draft of mutual divorce petition through her lawyer in which the police case was no where mentioned. When her lawyer had called me, and i had objected then the lawyer has sent a new draft wherein it was mentioned that her client would WITHDRAW THE 498 (A) CASE WHICH WAS FILED BY HER CLIENT IN HER NATIVE STATE ONLY AFTER THE FINAL HEARING OF MUTUAL DIVORCE PETITION and that she is willing to undertake the same through signing a MOU . Her Lawyer even told That AFTER THE MUTUAL DIVORCE, HER DOWRY CASE would have no meaning and would be automatically dismissed When i told her lawyer to first withdraw the case and then i would sign in the Mutual Divorce petition , her lawyer told me that her client didn’t agree to it and in case i stick to my decision that she would file for legal separation I fear two things 1) in case i agree to her New demands and after mutual divorce if she doesnot withdraw the 498(A) later as she would not have any bindings then i may be in a loop. 2) i being a government employee would find it tough to get frequent leaves in case she files the legal separation case in the new state as it takes almost 1.5 hrs to reach there by flight and is there any provision to get it filed in the native state of ours both , wherein in am working as police case is also registered over here only Kindly suggest to what shall i do
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Do not go for any MOU. All these are meaningless teethless.
If you want to be in safer side file divorce case or separation case first in the court in your area.
After that if your wife file any matrimonial case in her place that will be transferred to your court and to be heard together.
So do not Delay. File the case immediately to get rid of traveling frequently to court at her district in case she files it first.
Don’t agree to wife unreasonable demands
2) wife should cooperate in quashing of 498A case . It should be mentioned that you would file for quashing after first motion of divorce and only after it is quashed would both parties appear in court for second motion and marriage would be dissolved
3) divorce petition can be filed by wife wherein marriage was solemnised or both resided after marriage or where wife is residing
The cases were registered but no action has been taken as yet. If the mutual divorce petition has this clause that she would withdraw the cases then she has to do the same as she is under oath to withdraw cases. This generally happens. After the divorce petition is signed and decree issued, an application is moved for withdrawing the case and in that the divorce decree is annexed. The court grants the relief.
Therefore go ahead with the mutual consent divorce petition.
But it should be stated that all cases ie dowry etc would be withdrawn.
1. See you ask them to file quashing petition before high court to quash FIR before finalisation of mutual divorce as after same they won't come for consent quashing and the case may go for years.
2. Also in case she files for separation or divorce you can engage an advocate it is not mandatory for you to travel on every hearing.
3. Further separation case has to be filed place where you married or last resided together not in the new state wherein she is residing.
4.Also in your case it would be in best interest if both agree for mutual divorce though you ask them to quash the FIR first then only consent for same or sign mutual divorce appear for first motion after recording first motion ask them to consent for quashing cases after that proceed for second motion for mutual divorce.
You can make the consent terms in mutual divorce that she will withdraw 498A and will move for joint quashing application in high court. And only after the quashing she will get any money from you if agreed
Dear Sir,
It is better to go for Mutual understanding agreement i.e. Memorandum of Understanding between the couples and then get divorce decree.
Sample MoU for ending Matrimonial Litigation
1) Mrs. 498a d/o such and such r/o such and such and/or her family members shall have no claim in the present and future on the whole of or on any portion of any assets or income of her husband Mr. so and so s/o so and so r/o such and such and/or his family.
2) Mrs. 498a d/o such and such r/o such and such shall give in writing to her husband Mr. so and so s/o so and so r/o such and such or his representative a receipt indicating her acceptance of every respective instalment of the full and final settlement of XYZ Lakhs of Rupees (Rupees XYZ,00,000/=) as and when the payments are made.
3) The payment of XYZ Lakhs of Rupees (Rupees XYZ,00,000/=) is a full and final settlement between Mr. so and so s/o so and so r/o such and such and Mrs. 498a d/o such and such r/o such and such. Mrs. 498a d/o such and such r/o such and such and/or her family members will have no claims on any payment from her husband Mr. so and so s/o so and so r/o such and such and/or his family members after the payment of this full and final settlement.
4) Payment shall be made and accepted in three instalments of ABC rupees, DEF rupees, and GHI rupees respectively. First instalment shall be paid and accepted on signing of Memorandum of Understanding. Second instalment shall be paid and accepted on first motion of mutual consent divorce. Third instalment shall be paid and accepted on second motion of mutual consent divorce. Payment shall be done by Mr. so and so s/o so and so r/o such and such or his representative. Acceptance of payment shall be done by Mrs. 498a d/o such and such r/o such and such.
5) All litigations and complaints initiated by Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such or their respective family members against the other party and/or their family members shall be withdrawn, and no litigation or complaints will be revived, initiated or inspired by Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such or their families in future against the other party and/or their family members.
6) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such will cooperate in letting the other party withdraw their litigation and complaints.
7) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such shall disengage completely from the life of the other party, and will not indulge in any act of omission or commission in the future which would tantamount to interfering in the other party's life.
8) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such are bound by this memorandum of understanding to cooperate and work towards getting mutual consent divorce as soon as legally possible.
No automatic dismissal of any case after MCD grant. All conditions must mention in MCD petition. And after grant of MCD, if she back stepped than you can file contempt petition against her.
MCD can file anywhere.
1) First have a M.O.U. made between you two agreeing to the terms and conditions mentioned in it and get it notarized.
2) Then file a joint petition under section 13-B of the Hindu Marriage Act, 1955.
3) Then file a petition under section 482 of Cr.P.C before the H.C seeking squashing of 498-A case and seek for mediation first and inform the mediator about the mutual consent divorce and pray to the court about the mutual understanding have arrived settlement in wake of which the complaint under section 498-A be quashed
1. Firstly you understand the law that even if she is ready to withdraw her complaint with the police before you sign the mutual consent divorce, she cannot do so once a FIR is registered.
You may have to file quash petition before high court to get the case dismissed or discharged and same thing will continue even after the divorce is granted.
Her lawyer is wrong in her opinion that the criminal case will have no effect once divorce is granted, both are different subjects and have no connections with each other.
2. Therefore you do not have to agree for her mutual consent divorce case, let she file a legal separation case by herself, you dont have to attend the same every time, you can engage the services of a lawyer and challenge the same properly.
1. If after Mutual consent divorce your wife refuse to withdraw the cases against you then you can file quashing petition in High court and it will not be difficult to quash the case after Mutual consent divorce.
2. You should definitely go for mutual consent divorce with condition of withdrawal of cases. It will be very good step to solve this dispute.
1. No wife withdraws the 498A before passing of decree of mutual consent divorce. There should be a clause included in mutual divorce petition that wife would withdraw the case after passing of decree of divorce. If thereafter she does not come forward for filing of joint petition in the HC for quashing of the case then husband can on his own accord file petition for quashing of 498A.
2. In divorce petition the parties do not have to appear personally except at the time of their evidence.
If its less than a year to your marriage then you can go for Annulment of marriage so in future you both will be not called as divorcee but bachelor legally.
No if you go for Mutual consent divorce for that an MoU has to be signed by both the parties on their respective terms and conditions so you can sign MoU for MCD and apply same for quashing the 498A and DV case against that, both the things will work simultaneously accordingly to don't worry about it.
