Mou
Pradeep Kumar
(Querist) 27 January 2014
This query is : Resolved
Hell All,
Everyone here already aware of my case.
1.My wife and her father arrested and remanded based on my Cybercrime complaints under IT ACT 66A,67A & Sec 4 TNHWP.
2.My wife filed 498A case against me and my family members for the same chargesheet has benn filed but in the charge sheet only my name is there and I got summon for the same.
3.And we have filed divorce as well she has filed Maintance too.
4.Now we are seeking for compromise ,my wife agreed that she no need any maintance and propert sharing from me and readt to witdraw dowry case and give divorce under Mutual concern
5.My Lawyer and her Lawyer they had initial talk in that they have suggested Quashing the case (498A and Cybercrime case) by filing affidiviat .
6.Am havin doubt regading quashing of case,they are asking as to file quasing petion for 498A case and they will file affidiviat for the same.And they will file quashing petion for Cybercrime case we will file affidiviat for the same.
7.Here my question after filing affidiviat ,whether they can say we can't with draw the case ?Any risk in this...
Please give me your feedbacks...
Regards,
Pradeep
ajay sethi
(Expert) 27 January 2014
tthe exisiting petition for divorce can be converted into divorce by mutual consent. file consent terms . in said consent terms mention all the details . based on said compromise settlement move HC for quashing .
Rajendra K Goyal
(Expert) 27 January 2014
Whether they can say we can't with draw the case ?Any risk in this...
__ Yes they can say the same, they may not turn up for second motion, the terms are to be settled after full discussion with your lawyer.
Shonee Kapoor
(Expert) 28 January 2014
I agree, make a fool proof agreement. Even if she withdraws her consent after the agreement and first motion, the 498a can be quashed. There are many judgments from Apex Court are there in this regard.
Regards,
Shonee Kapoor
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