Divorce with mutual consent - While 125 & 498 ongoing

I would like to thank all the Ld laywers for responding to my queries. As i suspected the other party backed off as soon as I proposed them some of options provided by you in this site to exchange the settlement amount.

So i am back to quare one. But i would like to explore (in case other party again comes back with few more tricks) further the option suggested by Mr. Srinivas. Sir, could you or any other Ld Lawyer put more light on this option and how frequently this one is practiced in such cases.

Once again thank you all for your participation on this thread.

Your help is highly appreciated.

Yeah , you are right , Thanks for all the help

Dear Neetant,

U can file the petition of divorce by mutual consent, jointly.As per as the statutory period of six moths for filing the 2nd mothion is concerned, u can file it early by filing an application under section 14 of Hindu Marriage Act to condon the statutory period, jointly. The court would surely consider it. This practice is normal in Delhi District Courts. For further querries n any type of help u can contact me at: rakhibudhiraja@gmail.com

Mb.-09711364956 

As per as the terms & conditions are concerned, no need to go in other process because all the terms & conditions would be mentioned in the petition, wchich would be imposed upon both of you respectively, so there is no need to go in any other process. It would cause loss of money & time as well. 

Dear Mr. Vijay,

Can you please send the link/ reference for the Hon'ble Supreme Court orders for:
"High courts not to use its inherent power for dismissing such complaints during its prosecution stage, let the prosecution be completed & based on the evidence & circumstance of the case the trail court decide the fate.."

I would like to know can someone file a 482 CrPC quash petition (against section 498a IPC for quashing name(s)/FIR) after charge sheet is submitted on the grounds as described, (i) to give effect to an
order under the Code, (ii) to prevent abuse of the process of
court, and (iii) to otherwise secure the ends of justice
Thanks,
 

Sir, I need an advice from your goodself,  I got married in 2001 Dec. and got seperated in 2002 March,  She filed FIR u/s 498-A in 2003 December, Complaint Case u/s 125 in 2004 and 127 in 2005. and thereafter she filed for divoce in 2009.  Now, our case transferred to Family Court and the hon'ble court sent our case in the counselling.  In which a combined statment has been signed by both of us ( husband and wife ) that we have agreed for filing petition on mutual consent.  and she will withdraw all the cases against me after filing the petition of the first motion.  All the money matters have been settled.  She will not claim for any maintenance for herself or for the minor child ( 8 yrs old) for the present past or future.  I will pay the school fees of the minor child till she studies.  She will arrange meeting of the child with me once a month.  She will co-operate in getting the FIR quashed in the High Court.  Now, we are to file the petition for divorce on mutual consent. I will also mention all these terms in the petition for divorce.  As I know her, she will not come to the High Court for quashing the FIR after getting the decree of divorce.  It has been told to me that the High court of Delhi doent quash the FIR before filing of the 2nd motion.  Is it true?.  What will happen if she doent come to the High Court for getting the FIR quashed.  However, before 2nd motion, we will file joint application u/s 482 for quashing the FIR.  Is there any chance that the High Court will not quash the FIR if she will not attend the High Court after filing the Jt. Petition u/s 482 for quashing the FIR.   Kindly reply as soon as possible.

Regards.

Surendera Tomer