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new 498 victim (code developer)     04 June 2015

Mcd 498a compromise

Dear All

Kindly guide me. My wife's side has shown interested for compromise and mutual divorce with some permanent alimony. They have also done 498A, 406, dp 3/4, crpc 125 against me. I have given condition that 50% alimony will be paid after joint petition hearing for MCD and 50% will be after 498A withdrawal. But recently in the court where contested divorce proceeding is going on the honourable judge has said to my lawyer that it is not possible to impose such condition of 498A. Now what should be done so that at least I put some safeguard for 498A withdrawal.

Kindly suggest something and rescue me from the danger.

With advance thanks.

sj

 



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 4 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     05 June 2015

You have to withdraw the contested divorce petition. Both the parties need to sign a Settlement Deed. Reserve some money for 1st motion, some for 2nd motion and the remaining for quashing in High Court.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 June 2015

Rightly assessed by Mr.Ghai

new 498 victim (code developer)     05 June 2015

Thank you very much sir. The problem is judge of district court is telling that to part the money like you have said is not possible as 498A dates does not depend on wife. Sier my question is whether judge can go against the settlement deed conditions?

Biswanath Roy (Advocate)     08 June 2015

Complaint u/s. 498 IPC cannot be withdrawn by the complainant but can be compromised before the High Court.


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