Section 70(2) crp r/w.151 cpc

Hello Mr MadhuGunavathy,

I have gone through your query and fully understand your situation. Allow me to offer some advice that I believe will be helpful to you.

If you’re agreeing to the terms outlined in Section 70(2) CrPC r/e 151CPC, you will essentially be accepting on a mutually agreed withdrawal of all allegations and finalization of the divorce without further disputes. What this means for you is :

1.      No Issues in future – By agreeing to this you are confirming that there are no remaining claims between you and your wife, including those claims regarding sreedhana. Ensure that you’ve received everything owed and document it well.

2.      Closure on allegations – With all the allegations withdrawn, you’re now agreeing that neither of you both will raise these issues again in the coming future.

If everything is settled as per both parties’ satisfaction and properly documented, then there should be no room for more issues later in future.

Thank you for reaching out to us, please feel free to ask any follow up questions that you may have.

Dearest reader,

I have gone through your query and understand your concern regarding the implications of your wife's divorce proposal. Allow me to provide you with some advice that might help out.

As per my knowledge, the statement seems to suggest a divorce with mutual agreement, requiring the consent of both parties. This has been mentioned in Section 13B of the Hindu Marriage Act, 1955. 

In this case, all the allegations that were made earlier are proposed to be withdrawn, declaring the non-involvement of any fraud or undue influence, as per the provisions of the Civil Procedure Code (CPC).

If you accept the proposal, then there are chances that no legal issues will be created in the future, if all the terms, such as the exchange of the streedhana articles, are accurately documented. Divorce with mutual consent has been also documented in the case of Amardeep Singh v. Harveen Kaur (2017).

Additionally, as per the Order XXIII Rule 3 of the CPC, the court can also record a compromise between you and your wife, for the prevention of any future disputes. Once the decree has been granted, then the decision will be final and binding. You and your wife would not be able to raise any allegations against each other in the future, as stated in the case of K. Narasimha Rao v. K. Neela Manohar (1994).

I suggest you review the terms of the agreement and also ensure that all the claims are addressed fairly in the document. Also, I would like to tell you that ensuring whether the settlement terms are fair and transparent or not, would be best.

I hope I was able to help you with the query. Feel free to connect with me on LinkedIn, if further clarifications are needed. ( www.linkedin.com/in/pankhuri-rastogi-9221b2289 )

Thank You.