Mohan Kumar 17 June 2020

Divorce

Filing a Mutual Divorce in court will automatically all the cases 498a cases are considered withdrawn or should the opposite party file a petition for withdrawal separately ? How about CC case withdrawal ? will it be withdrawn immediately ? Pl advice.

2. Bail money we paid (498a) will it be returned to us when,how?

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 18 June 2020

1. In Law /Courts nothing is done automatically. Everything has to be done by following due procedures of law.

2. Proper Application has to be moved by the relevant parties to withdraw citing proper reasons. Depending on Court's discretion, matters may be closed. Thereafter separate application has to be moved for cancelation of bail amount and withdrawal of bail amount.

Keep Smiling .... Hemant Agarwal
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Dr J C Vashista (Advocate) 18 June 2020

Withdrawal of pending case(s) has to be specifically mentioned in the decree for divorce on the basis of compromise/ settlement / MoU arrived between the parties.

Subsequently proceed for closing the pending case(s) / quashing of FIR (if any) as per terms and conditions of the compromise/ settlement / MoU.

Nothing shall come to parties automatically or suo moto.