I have couple questions 1. Is judge7 in court 7 working now. My wife sayig that court is not working. She filed close the crpc 125 case before Covid. Showing order5 pending on online. What is order 5 2. We filed mutual consent divorse in same court before Covid. But I don't want to get divorse unless my wife withdraw all cases 125, 498 cases as per aggrement . Please suggest. Thanks Sridhar
As per circular issued family court is functional
2)visit family court website for updates of your pending case
3) no need to attend court for next hearing date of divorce case
4) you have to file for quashing of FIR in HC and wife can file consent affidavit
1. I believe you have an advocate engaged in this case. If that is so then ask him to inspect the record if online information is not available. Most courts in physical form is not making hearings.
2. Then until and unless court passes order of withdrawal of 125 croc case don't participate in final motion of mutual divorce proceeding.
1) Order 5 as per CPC it's ISSUE AND SERVICE OF SUMMONS.
2) In the MoU of terms and conditions which you need mention in Mutual Consent Divorce.
Dear Sir/Madam,
You are suggested visit the website of the court where the working of the judges/courts will be available. it is informed that during pandemic time, the courts are also working by way of video conferencing. All the information can be obtained from the website. As regards to mutual divorce case, you are suggested to put your points/views to the judge as and when the hearing takes place.
Go for mediation.
1. Court 7 working or not can be confirmed from court office. Order 5 is to cancel the 125.
2. Withdrawing all cases is a 15 mins game.
1) It is pending pronouncement of order by the Judge. It will be kept on hold due to some administrative reasons.
2) MCD will be passed by the Court based on consent terms, wherein, it would have been agreed by her to withdraw all the criminal cases filed by her against you and your family.
Even if they are pending, the orders passed in MCD will over ride them, the order copy of MCD if you file in the said court, it is enough.
Based on your facts of case we answer your questions specifically as under:-
1- The Judge in Court No 7 working and she is attending the court as well.,Court No 3 is on leave because of CORONA infection.
2- You need to file quashing petition before High Court to settle your all cases criminal,civil and family court cases amicably .
Courts are not working only urgent cases. And till you not appear in court MCD will not grant. Tell her to withdraw than only you will appear in MCD.
Case can withdraw. No problem in that.
1. Court is working for only urgent matters.
2. It will take some time due to covid
1. You can ask your advocate about the status of the case as well as working status of the family court, this is a local issue.
2. Your wife cannot withdraw the 498A case even if she is willing to.
The court has to conduct the trial, she has to turn hostile and then the court will acquit you after examining all other witnesses to complete the formality.
Otherwise you may have to file a quash petition before high court to quash the charge sheet in which your wife has to file an affidavit expressing no objection to this quash petition after which the high court will quash the charge sheet, then you can file a discharge petition before trial court and get discharged from the case.
She can withdraw the 125 cr.p.c. case at any time.
An application to withdraw all the cases must have been filed. The case can be transferred to another court if that particular court is not functioning.
order 5 : When a suit has been duly instituted, a summons may issued to the defendant to appear and answer the claim and to file the writ statement of his defence, if any, within thirty days from the date of service summons on that defendant.
1. You can check status of court roaster from e-courts site is of Bandra.
2. Order 5 is delivery of summons
3. She can withdraw the cases after first motion and if she still doesn't agree to withdraw the cases then court will automatically dismiss the cases.
- Yes, the courts in India is functioning through Video conferencing , hence you can move an application for taking the case of your wife on urgent basis even through VC.
- Yes , you should not proceed for divorce before she withdraws her cases against you.
- Further , the family court also cannot passed decree for divorce before taking statement of both the parties in the second motion
- Further , under Order 5 , the said family court has issued notice /summon to your wife for appearing before the next date of hearing .
