Legal Question in Criminal Law in India

i have filed 498 case against my spouse, FIl & MIL. now before there arrest , we have agreed for settlement , ie 7 lac and filling of divorce under sec 13b.hence we will let them apply for AB and my inlaws simultaneously want to file quashing of 498 in HC. Pls suggest, should i agree? do we also have to engage separate lawyer in HC and how much litigation expenses are involved? are there certain precautions which i need to take care of


Asked on 9/06/10, 10:42 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

There is nothing like mutual settlement. once you have decided to seperate and come to conclusion that the marriage cannot be saved, it is better to settle it amicably in the larger interest of both the families. You may move joint petition for quashing of FIR in HC to save your expense of the lawyer. Or, you may request for legal aid from the office of Legal Service Authority where in you do not have to pay a penny for the litigation. the only precaution is that you may get your amount latest by the day you make statement in the court for quashing. You may take the last instalment on the day when your quashing petition will be taken up in HC. any further question, do not hesitate

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Answered on 9/06/10, 12:41 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may enter an agreement and in that also settle the lawyer's fee. you would be needing a lawyer in High Court to assist you in getting the f.i.r. quashed and you would also be needing a lawyer for divorce by mutual consent. all the terms and conditions should be set out in the agreement to avoid further hassles.

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Answered on 9/07/10, 12:12 am


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