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rohanblore2011gmailcom   27 March 2015

Divorce mediation

Hi,

We have filed dv and 498a followed by divorce under cruelty (section 13) separated for more than a year. During the mediation we were given understanding that if mutually agreed the divorce will be provided based on mediation report on the same day when produced to family court. In mediation we have agreed to co-operate quashing of 498a. When it was produced to court, the judge had given orders to close all the issues and then come. The lawyer is stating we are required to quash 498a and then come to family court for divorce. Please advise if its ok to quash or do we need to file 13B separately. Can it happen that after filing for quashing 498a the opponent does not come to family court and case gets prolonged.



Learning

 2 Replies


(Guest)

You guys need to frame specific details for getting mcd, 498a being one, she should withdraw 498a and only then take MCD.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     28 March 2015

The Judge has correctly guided you. This is a standard procedure followed in Courts. Infact if you complete the divorce procedure and get divorce, it is most likely that the DV and 498A will prolong with not further interest to close or cooperate since divorce is over. Please do complete the criminal case at the earliest.


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