Full and final settelment

please assit me its urgent

If both parties are agreeing then you can go in for the divorce by mutual consent. You can ask husband to withdraw the case in Punjab and when the transfer petition comes up before the Supreme Court, represent that the divorce petition has been withdrawn by husband and close that Petition.

Further you can file a mutual consent divorce and make the settlement in Court at Delhi itself.

First get a copy of the H.C. order.  Next move the application under Mutual consent Divorce petition incorporating what has happend in H.C. and the agreement reached there with along with annexure of H.C. order. In the MCD petition, other points on which agreements reached also must be clearly mentioned. This is the first motion.  Next date would be after six months, for second motion.

Now, husbandd files a withdrawal petition in Punjab court, where divorce petition is pending.  Here also file a copy of the Delhi HC order.  If the court allows withdrawal it is O.K. (I think it will be allowed).  Otherwise, the court will keep the withdrawal application pending the disposal of transfer petition in S.C.

Now, wife and husband will move an application before S.C. to withdraw transfer petition in the light of H.C. order and the husband's application before Punjab court withdrawing his divorce petition.  The S.C. will immediately allow it.

Now, only one case of MCD is lying in the Delhi Court and you get the divorce as well as compensation.  For husband, S.498-A case will be quashed, if it has not been already quashed, by high court after taking the statements of both the parties.

With regards,   

Thank you.

Excellent advice flow by Sh. Prabhakar, in my view I think P&H HC will hold the withdrawal till SC direction.

once the parties agree divorce suit can be filed but it is the duty to protect the couple from divorece because of after effect on society

Prakash Sahay

thanks for all the valuable advice...