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amit kumar (hr executive )     05 March 2013

Divorce done -quash pending- wife not participating

Dear Lawyers,

I have moved the application of 482 based on my settlement deed with my wife. My divorce has been granted by the lower court and as per the settlement deed I need to pay the remaining X amount to my wife at the time of quashing of FIR.

I am being following with the other party council and they are not ready to participate in the 482 quashing. I need to get the charges removed against my name since the Divorce has already been granted so the remaining charges of 498a, 34,506 should be waived off from my name. 

Please advice and let me know some good judgments so that I can include those same in my 482 petition.



Learning

 6 Replies

Tajobsindia (Senior Partner )     05 March 2013

First wait let the Hon'ble HC admit your quash petition and issue notice to respondent(s).

1 Like

Rajendra Shrivastava (advocate)     05 March 2013

petition under 482 cr.p.c will be failed. you should get statement of your wife before trial court thereafter cort will clos evidene thereafter you will get rid of this case.

amit kumar (hr executive )     07 March 2013

Thank You all for your prompt response.

I have the settlement deed signed by both of us in the Honerable High Court and according to that we both have processed for MD. I have filled the application of my 482 in Honerable High Court and it has asked to attach the Xerox of any ID proof self attested by both the parties at there end, I do have mine but still awaiting for the other party to get it submitted which they are not providiing.

So I need a remedy to how to overcome this issue.

amit kumar (hr executive )     07 March 2013

Just an fyi - the statement is already proided in the second motion and also the in the Divoce doc that she needs to corporate in getting the FIR quashed.

amit kumar (hr executive )     07 March 2013

Thank You for your prompt response.

I have the settlement deed signed by both of us in the Honerable High Court and according to that we both have processed for MD. I have filled the application of my 482 in Honerable High Court and it has asked to attach the Xerox of any ID proof self attested by both the parties at there end, I do have mine but still awaiting for the other party to get it submitted which they are not providiing. Just an fyi - the statement is already proided in the second motion and also the in the Divoce doc that she needs to corporate in getting the FIR quashed.

So I need a remedy to how to overcome this issue.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2013

Then you file case u/s 482 and appeal the court to issue notice to the respondent as she is not willing to co-operate in quashing.

 

There are various judgments, where HC and even SC has quashed when the girl has resiled even after settlement.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
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