Mutual divorce
Rahul Sharma
(Querist) 19 June 2013
This query is : Resolved
Dear All,
Can you please help me with below set of questions in mutual divorce, after 498a/406 FIR
What is the procedure of mutual divorce and quashing of FIR
Is FIR quashing done before divorce proceeding or before second motion or its only possible after Divorce.
How to give payment and I mean mode and at what all stages.
Is giving first part payment at CAW advisable at your end.
Please help with above questions and clear the doubts.
Regards,
Rahul
Veeresh Naik
(Expert) 19 June 2013
1)For filing mutual consent divorce consent of both the parties is necessary, both will have to make joint application in the court, after 6 months decree will granted, for quashig FIR you will have file petition u/s48 before HC
2)You can file petition u/s 482 at any time, after filing divorce petition or after it also, better if you file it after filing of divorce petition, so that would another ground for you in the HC.
3)As far payment is concerned it is always better to give it at the time of last hearing but it all depends upon the negotiation of both the parties.
Raj Kumar Makkad
(Expert) 19 June 2013
Your query is academic. Post the facts of your matter.
Rahul Sharma
(Querist) 19 June 2013
Thank you Mr, Veeresh
Dear Mr Raj, below is case background this is not a academic query.
Please guide.
Marriage lasted for 4 months, wife left matrimonial home after that and till today not interested to join nor allowed husband to consummate the marriage during her 4 month of stay (giving excuses every time)
Husband files RCR with the intentions of saving the marriage after waiting for 8 months and after all requests.
Then Withdrawn RCR after 1 year of useless battle seeing no fruitful outcome and see their unreasonable monetary demands...in RCR petition and WS both agreed that marriage was not consummated but blamed each other and she mentioned that he unwillingness to join matrimonial home.
Now after a separation of 1.8 Months, she has filled Complaint in women cell Delhi which has been moved to FIR now.
I have secured Notice bail.
Please answer the queries now.
Rajeev Kumar
(Expert) 19 June 2013
For mutual divorce both the parties have to present divorce petition u/s 13B of HMA and have to give free consent for mutual divorce and after that during second motion both party should give their consent after the expiry of cooling off period, it must be kept in mind that only supremecourt can scrap the cooling off period. The 50% payment must be given by mode of A/C payee cheque or demand draft after the giving consent at the time of second motion and rest at the time of getting divorce decree in the court of law. It is not advisable to pay at CAW shell. Whereas the question of quashing of FIR lies it can be filed anytime before divorce or after divorce but it is worth advisable that both party must entered into agreement clearly on divorce and quashing of FIR
Nadeem Qureshi
(Expert) 19 June 2013
Dear Querist
What is the procedure of mutual divorce and quashing of FIR
Is FIR quashing done before divorce proceeding or before second motion or its only possible after Divorce.
opinion: if there is mutual settlement between parties then any time quashing proceeding can be start.
How to give payment and I mean mode and at what all stages.
Opinion: Amicably settle this issue, legally it will be better that the payment given by DD or Cheque before court or mediation center.
Is giving first part payment at CAW advisable at your end.
Opinion: it can be good
Rahul Sharma
(Querist) 20 June 2013
Dear all,
Thank you so much for your guidance so far,
Can someone please help me with Delhi Court Judgement in which FIR was Quashed before second motion of Mutual Divorce.
PLEASE HELP HERE....
as the other side is not agreeing that quashing can be done before second motion too.
Please..
Regards,
Rahul
ajay sethi
(Expert) 20 June 2013
well your wife is right w. what is gaurantee that after quashing is done you will not with draw your consent for divorce by mutual consent . wait for divorce by mutual consent . for judgements visit indian kanoon we bsite
Rahul Sharma
(Querist) 20 June 2013
Dear Mr. Ajay,
if this is what your take, than whats the guarantee that she would come forward for quashing FIR after Divorce decree....what if she than demand more money for quashing.
I just want to know the legal remedy than anyone's personal judgment.
I hope you would agree to my believe also.
V R SHROFF
(Expert) 20 June 2013
File Consent Terms in 13B Divorce Petition.
Include all agreed terms. Can get help of Councillor during 13B, draft and submit in court, so it is binding on both parties.
Can execute MOU also.
can add condition that from same minute, anyone can keep extra marital relationship,and will not object or complaint. [Live-in]
Will co-operate to quash 498 , other cacases DV etc. ,
That will safeguard interest of u both.
Raj Kumar Makkad
(Expert) 20 June 2013
If your wife is already on logger heads with you then the question of MCD do not arise. If both parties are agree to part ways only then such excercise can be done.
