• Help regarding Mutual Divorce

Respected Sir/Mam
Meri Marriage 2020 mein hui thi aur meri wife after marriage mere ghr 8 din rahi hai aur meri wife ne mere uper 498A, 125 and 406 ka false case dal diya tha jo abi pending hai…..aur meri wife ab mutual divorce ke liye bol rahi hai…. Mere pas unka gold aur money hai…aur mera gold meri wife ke pass hai..ab mein kaise deal kru mean case kaise dismiss hoge ?
Asked 5 months ago in Criminal Law
Religion: Hindu

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23 Answers

Get all your terms and conditions mentioned in petition for mutual divorce regarding exchanging of money/gold or any other articles. Also get the fact regarding pendency of cases against you in the divorce petition and time bound your wife to withdraw the same. 

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

A mutual consent divorce petition has to be filed before a family court and then a quashing petition has to be filed in the high court so that the criminal matters against you may be quashed by the high court.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

- Agar wife mutual divorce ke liye agree hai to , ek joint mutual consent divorce petition family court me file karna hoga.

- Ye mutual divorce two steps me grant hoga , yani apko do bar petition file karna hoga , jo First Motion aur Second Motion kahlata hai. 

- Chuke wife ne 498A/406 ka FIR kiya hua hai, to divorce se pahle High Court se FIR ko khatam yani Quash karana hoga 

- Behtar hai ki , divorce file kerne se pahle ek mutual agreement banwaye jisme do party ki sign hogi . Is agreement me sare terms and condition me likha hona chahiya, jaise , Gold bapas wo le rahi hai aur divorce se pahle wo apna 125 case bapas legi.

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

You can first ask her to withdraw all false cases. Secondly, go for mutual consent divorce in that make MoU strong return gold and streedhan to her like whatever gold ornaments she has received in the marriage as gift from both the parents sides.

Ganesh Kadam
Advocate, Pune
12995 Answers
263 Consultations

The criminal case filed under sections 498A and 406 IPC cannot be withdrawn by her even though she agrees to withdraw all the cases filed agaisnt you for filing mutual consent divorce case.

For that she either has to turn hostile during witness evidence before the trial court or you may have to file a quash petition before high court wherein she has to file an affidavit in person before high court expressing her no objection to quash the case.

She can withdraw the 125 cr.p.c. maintenance case.

you can return her articles and demand to return your articles held by her. 

T Kalaiselvan
Advocate, Vellore
87456 Answers
2348 Consultations

Agree for divorce by mutual consent provides wife agrees for quashing of 498 A case and with drawl of all cases filed by her 

 

2) return her stridhan . Gold given by you at time of marriage is her stridhan 

Ajay Sethi
Advocate, Mumbai
97255 Answers
7855 Consultations

Dear Client,

Discuss with your wife the terms of mutual divorce, including the return of gold and money. Draft a mutual consent divorce petition, clearly mentioning the settlement terms. As part of the mutual divorce agreement, your wife should agree to withdraw the 498A and 406 cases. This can be done by filing a withdrawal application in the court. Discuss and agree on the maintenance terms, if any, and have it included in the mutual consent divorce agreement. Both parties need to file a joint petition for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. File the first motion petition in the family court. Both parties will need to appear and confirm their consent. There is a mandatory six-month cooling-off period after the first motion. After six months, both parties will need to appear again for the second motion. The court will then grant the mutual consent divorce. Get a lawyer to help draft the mutual consent divorce petition and the settlement agreement. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

Contact lawyer at Chandigarh [deleted]

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

1. Mutual divorc peititon mein aap term add koar sakte hai kin mutual divorce filing hone ke baad aapke wife through high court 498A case Quashing karya gi.

2. Mutual divorce petition mein aap log jo bhi saman exchange kar rahein nie mention akr dijiye ga taa ki baad mein aur claim na ho sake.

3. Maintenance aur permanent alimony ya one time settlement money agar kuch fixed ho raha hai to uoh bhi mention kar dijiye ga.

Devajyoti Barman
Advocate, Kolkata
23287 Answers
518 Consultations

Ek settlement aagreement bana lo, usme saari len den aur case withdraw ki bana lo. Phir mutual ke liye apply kar do

Yogendra Singh Rajawat
Advocate, Jaipur
23005 Answers
31 Consultations

1. Enter into MOU before initiating Mutual Consent Divorce with your wife incorporating the conditions of withdrawing false cases hoisted against you U/s. 498A, 125 and 406.

2.  Mutual Consent Divorce is the fastest way to obtain divorce which saves time and money.  

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

You will have to file petition in HC for quashing of FIR as district court cannot quash FIR 

Ajay Sethi
Advocate, Mumbai
97255 Answers
7855 Consultations

High court se hi hoga.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes, it's possible. Please try in that direction. 

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

Once the high court quashes the criminal cases on an application then with the order you can file a discharge petition before the trial court to discharge you from the case.

T Kalaiselvan
Advocate, Vellore
87456 Answers
2348 Consultations

If wife agrees for mutual divorce, you can put a condition of withdrawing all criminal cases. 406 can be compounded in the  trial Court but for 498A you need to approach High Court as the  same is not compoundable in Punjab.

Ravi Shinde
Advocate, Hyderabad
4283 Answers
42 Consultations

Dear Client,

The quashing or withdrawal of cases under Sections 498A and 406 IPC can be approached through both ways, i.e., by filing a petition for quashing of FIR in the High court and also by filing of a withdrawal application by the public prosecutor, with the consent of the complainant in the trial court where the cases are pending. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

- FIR district Court se withdrawal nahi ho sakta hai 

- You should file a petition for quash the FIR in the High Court 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

High Court. 

Yogendra Singh Rajawat
Advocate, Jaipur
23005 Answers
31 Consultations

Pehle bhi le sakte hain.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You can apply for waiver of cooling period of 6 months 

Ajay Sethi
Advocate, Mumbai
97255 Answers
7855 Consultations

You both can file a joint affidavit seeking waiver of six months waiting period after the first motion within few days.

The court if convinced would allow the second motion to be completed immediately.

T Kalaiselvan
Advocate, Vellore
87456 Answers
2348 Consultations

- Yes, you can move an application before the same Court for waiving 6 months period for filing the second motion of mutual divorce. 

- As per Supreme Court , the family court is bound to consider the application for waiving the 6 months period. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

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