I have also posted this query under Criminal Law due to applicability of section 498 A. But as this matter relates directly with Family matters, am re-posting here.
My divorce came through based on mutual consent.
The consent terms were signed on 09/11/2012 and inter-alia included:
1. Respondent shall not claim any maintenance for herself now and in future.
2. No pending exchange of articles
3. Respondent shall not proceed with 498A case
4. No pending dues or claims whatsoever
The family court order of divorce came through on 15/07/2013 because the respondent kept on delaying the withdrawal of 498 A case. The order again mentioned the withdrawal of case under 498 A as a term for awarding divorce.
The respondent did not appear in 498 A case for 2 hearings and thus delayed the future course of action from my side. And then on one date gave her statement in the court,i.e. proceeded with the 498 A. My lawyer advised me to go ahead and apply for quashing of FIR in the said case based on the terms of divorce that has not been contested by the respondent.
Questions:
1. Are the consent terms a good enough ground for quashing of FIR, especially if they have not been contested or appealed against?
2. Suggest some excellent lawyers in Mumbai HC for the same
Thanks for the help in advance.
