Pawan S (Advocate) 06 June 2016

Compromise in matrimonial suits

Dear Expert,
Can you please assist me with your valuable suggestions on the below scenario:

The wife has filed false suits under DV Act & 498A IPC against the husband and both these cases are sub-judice. Now, wife wants to compromise for MCD (Mutual Consent Divorce).
Can you please let me know what is the best means to compromise.

As per my concern, Compromise should be accepted as a basis for withdrawal (u/s 321 or u/s 257 CRPC & seek withdraw of the case) or quashing of complaint at the instance of the complainant (u/s 482 CRPC)

1. Please advice, what is the best way to compromise (498A & DV act) “withdrawal” or “quash”.
2. What points need to be included in MOC. It will be great it you can provide me the points.
3. What is the best way of the payment?

Regards,
Ekta

Reply Follow

6 Replies

adv.bharat @ PUNE (Lawyer) 06 June 2016

Withdrawal of case may be consider. This case can be solved by mediation technique. As ther is no conversation between party let them speak in this family counselor paly imp role to solve ths issue between the party.

Pawan S (Advocate) 06 June 2016

I repeat the question:

Please advice, what is the best way to compromise “withdrawal” or “quash” for MCD.

Pawan S (Advocate) 06 June 2016

Thanks, Can you tell me the reason why one should go with

DV - withdrawal

498A - Quash

Pawan S (Advocate) 07 June 2016

Here are some points which certainly comes up in my mind.

1. Police has submitted the CS but it doesn’t come up in front of the court. Not a single hearing as of now. So, can it be possible to stop the charge/case frame based on the compromise.

2. If the husband pays 50% of the amount as a part of full & the final settlement of maintenance, is there is any chance, which wife can back out and not giving her final consent to the MCD after 6 months after taking the amount.

3. Can you please tell me in which sequence husband should go forward. Below are the sequential steps (please correct the sequence):

50% amount paid by the husband

b. MCD

c. Quash 498A

d. Withdraw DV case by the complainant

Regards,

Ekta

Pawan S (Advocate) 07 June 2016

Here are some points which certainly comes up in my mind.

1. Police has submitted the CS but it doesn’t come up in front of the court. Not a single hearing as of now. So, can it be possible to stop the charge/case frame based on the compromise.

3. Can you please tell me in which sequence husband should go forward. Below are the sequential steps (please correct the sequence):