Hi Sir,
Wife files FIR in Jun-2014 in Uttar Pradesh. (498a, 313, 406, 504, D/P Act) and also filed a DV Case. No Kids only 6 Months of marriage. Wife earning well.
After a year of mediation in July -2015 both the parties have agreed to file for 13B . Terms of Condition are:- Exchange of Jewellery . One Time Alimony of 15 Lakhs 12 Lakhs DD + 3 Lakhs Cash (Cash receipt will be mentioned in agreement). All this will happen on same Day as per lawyer following documents are being prepared.
1. Agreement - Containing receipt of DD. Cash. Jewellery. Condition that all amlimony paid in 1st motion and nothing to be paid in 2nd motion. Wife to take back DV case and assist in quashing of FIR. And that both parties appear in 2nd motion to complete divorce.
2. 13 B - 1st Motion papers mentioning alimony amount and that it is one time only.
3. Joint Petition for Quashing FIR - Joint petition in high court signed by both parties along with the agreement and 13B to Quash the FIR. Court will give a date of appearance after 2 days.
As per lawyer this will take 3 days:-
Day 1: On the day of 1st Motion the Agreement and 13B will be signed in Family court and a Joint Petition for FIR quash signed will be submitted in the High Court and court will give 3rd day to appear for hearing for joint petition for FIR quashing. After this day Full and Final alimony as per agreement (one time) 15 lakhs will be paid to wife. Agreement has a clause for both party to agree for 2nd motion and to quash 498a FIRs and withdraw all cases pending / future.
Day 3: The wife will appear in High Court as per joint petition signed on day 1 to quash FIR jointly. The High Court of UP , will pass order to Quash the FIR, and within 5-6 days Court Order to quash FIR is released before 2nd motion.
After 6 Months: On the Day of 2nd motion both parties come as per agreement signed to agree for divorce.
My Questions are :
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Does this plan protect the me from legally binding my wife to appear for FIR quashing in High court and 2nd Motion. Am I protected in this plan.
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Can the Joint petition for FIR quash be filed immediately after 1st motion itself.
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What if even after signing the agreement and cashing the drafts wife does not appear on Day 3 in High Court for FIR quash and 2nd Motion. Will the agreement protect husband.
Request you to please provide your guidance.
