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pankaj kapoor   30 May 2016

498a widhdrawl and mutual divorce-MCD

My wife had filled false cases in june-15 under IPC-498a, 423, 504, 506. I did not receive any summon till date.cases was filled as private complaint in court. We had a meeting of both families in jan-16 and myself and wife both agreed for mutual divorce. As per agreed terms she will withdraw all cases and I will pay her alimony of 4 lacks.alimony will be paid to her in two installments. Half amount in first motion and remaining in second motion. My queries are as follows:- 1) since it is a private complaint in UP court not a FIR, do I need to take bail? 2) can case be withdrawn from same court where it was filled or need to go to high court? 3) case should be withdrawn first then we should start first motion or both task can be completed on same day. 4) if she does not come on second motion , can I recover the amount given to her on first motion. 5 ) what should be precaution from my side? Kindly suggest....


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 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

Mr Pankaj,

U posted the same query earlier and was duly responded by the legal experts,why repeat again?

https://www.lawyersclubindia.com/forum/mcd-urgent-query--137426.asp

pankaj kapoor   31 May 2016

Dear experts, Request to reply all queries...this will help me a lot...... Thanks a lot..

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