Legal Question in Family Law in India
I�m going through my mutual divorce proceedings. I have also filed
Fir 498a/406/34 of IPC against my in laws which is to ber quashed. My problem is that
As per agreement in mediation
firstly,first motion of divorce will be filed & some payment on first motion by DD
Then second motion will be filed with in the statutory period and after filing of second motion an application will be moved for quashing of fir and after quashing of fir statement for the second motion will be made.
Some payment at time of quashing of fir by dd & last payment on second motion by dd
But my lawyer is saying that in quashing divorce papers are needed. Whether way of payment by husband is right or wrong. Now I�m confused whether this agreement is right or wrong. Please advise me.
2 Answers from Attorneys
i think the mediator is not well versed with the procedure adopted by judges of Delhi High Court. the quashing will not be done unless the divorce is granted by the competent court. you need to file an application before the mediator and ask for amendment in the agreement in consonance with the present practise in Delhi High Court. your lawyer is right in asking for divorce papers for quashing.
You do not need divorce papers for quashing of F.I.R. It will be sufficient if you have executed an agreement and first motion has been filed in court. A copy of the agreement should also be filed in the court alongwith the mutual consent divorce petition.
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