Mcd ,poa , 498a

For submission of MCD both the husband and wife must present in the court. No POA. You both have to agree through writing on M.O.U. for withdraw the case. You can pay the amount to other party and obtain their consent in M.O.U.  and submit the same in the family court along with MCD.

Sir,

At what stage should  the 498a case be withdrawn?

before filing 13b or after filing?

will the contents of mou and 13b be same? I am being told that money should be deposited in court.

can anyone send me a copy of 13b application where the 498a case and DV act cases have to be nullified

thank you

See basically the MCD cannot be moved through a POA, both the parties consenting to the dissolution of marriage are to be present before the court to file the same.  The 498a case cannot be withdrawn at whims and fancies of the parties, the procedure meant for it has to observed.  Again it is an understanding arrived between both about when the steps for disposing the pending 498a case is to be taken whether before the filing of MCD or after that but before the second motion, this is applicable for the agreed one time payment too.  There is nothing wrong in settling the amount at the time of pronouncement of decree of divorce, and it will be safe too.  Take the advise of your lawyer on further issues.

Yes, in Delhi and Gujarat at least, it is possible to go through MCD with POA and also MCD with video conferencing is possible too although all courts may not have the facility for video conferencing. See:

https://www.lawyersclubindia.com/forum/POA-for-signing-final-divorce-papers-44822.asp#.VOhJ2PmUdLc

Also see:

https://www.lawyersclubindia.com/forum/Video-conferencing-justice-to-persons-of-indian-origins-43740.asp#.VOhKV_mUdLc

Since u r from Gujarat. See:

https://timesofindia.indiatimes.com/city/surat/Court-approves-divorce-of-Surat-couple-through-video-conferencing/articleshow/13071168.cms

Also see:

https://timesofindia.indiatimes.com/city/ahmedabad/Guj-HC-allows-divorce-in-absentia/articleshow/6122786.cms?referral=PM

U should still research more on the subject. 

“I am  a nri staying outside india, My wife has filed a  498a case about 4 years ago and the case has not moved ahead”

Reference:

https://www.lawyersclubindia.com/forum/498a-dv-act-nri-case-77909.asp#.VOiQ1PmUdLc

Amit, brother, above is ur quote from one year ago. Which means 498a was filed 5 year ago. So what have u learned so far? Brother, u have the internet at ur disposal. Pls learn something.

People should not blame their lawyer for not representing them like a king: u do not want to pay ur lawyers enough so that they can make their living from just one client but u want them to devote all of their time to ur case. A lawyer may need over 20 clients to make a good living. So I do not blame them when they don't guide u properly. In this day and age, an educated person should be a 50/50 partner with his lawyer. Try to be more than 50/50. Gather information from all possible sources and confirm it and then discuss how to proceed with ur lawyer. In my opinion, a lawyer can guide u around the court and it's procedures but the lawyer cannot spoon feed u or learn every detail about ur case or the laws and the judgments that apply to ur case. Because ur lawyer needs to feed his family by looking after other clients whose cases have nothing to do with MCD or 498a.

Above is just my own opinion. You may not agree with me because you and I have nothing in common: I would never agree to an MCD where I'm being blackmailed for money. If I were u, I would've landed in India five years ago, knowing full well the risks of judicial custody. And believe me, the dog bites only those who run away or lie asleep. The canine needs a worthy opponent to turn the bark into a painful cry.