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Siv (engineer)     23 December 2010

Compromised, but failed to withdraw cases by wife

Hi All,

Kindly advice me on this situation:

what to do if wife do not withdraw the CrPC-125 and 498A after filing the MCD saying that wife agreed to withdraw the CrPC-125 and 498A cases unconditionally after filing the divorce....

As per my knowledge after granting MCD based on compromise I can go for qushing the cases....

My question is: can I go now itself being after filing the MCD also CrPC-125 is running also 498A is also running.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 December 2010

Whether her statement is recorded in the compromise petition or in the order sheet. If it there take the certified copy of the same and file a discharge application in 498A and file an application to dismiss 125 case, offcourse there is no provison in the Cr.P.C. to file such an application, but try for that

Siv (engineer)     23 December 2010

As per family court procedure, only court section office has done the petition srutiny and they infomred to the parties that after placing the file before the judge date (6 months) will be given.

It may be the case that judge may write as per the procedure. bu the admistrative officer ased the both the parties about the acceptence of divorce and boath parties said agreed to divorce.

ashish lal (Advocacy)     23 December 2010

get them quashed from High Court


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