Legal Question in Criminal Law in India
withdrawal of 498A and bigamy case
Hi...all thanks for the past support i got from you all.
right now the situation is like this after i spoke with them yesterday they told me like this.
First mutual consent --- in that they will mention that after i withdraw the case they will pay 2 lakhs and 2 lakhs in 6 months time.
Now this is through the family court -an hgh court advocate is gonna do it.So not sure if the process is allowed or am i getting fooled?
The mutual decree is going to be obtained in 10 days.So after 10 days the decree to be shown at the police station and ask them to close it itseems..Is it possible?
Now pls tell me...how is it possible?is there any ways that after obtaining the decree also i can still go ahead and claim the money....because the decree will be obtained in 10 days if i sign it..
to be frank.. i don't want any money from him... i have lost what i should not and am sure money canot compensate it...So the 4 lakhs that he is paying is towards the debt that he took from the financiers on my name.
Now just wanted to know is it safe to go ahead and sign mutual with the settlement clauses that he will give 2 lakhs after withdrawing the case and 2 lakhs after 6 months?or is it safe to mention in the agreement that h
7 Answers from Attorneys
Re: withdrawal of 498A and bigamy case
It may be better you insist for the payment of entire payment in court at the time of decree for divorce.
Re: withdrawal of 498A and bigamy case
1. Mutual consent divorce mandates 6 months period for counsellings and efforts for a reconciliation after filing of petition.
2. A case U/s.498A can not be withdrawn as of right.
Re: withdrawal of 498A and bigamy case
contact your lawyer because providing opinion may be difficult without understanding the actual fact of the case.
Re: withdrawal of 498A and bigamy case
You can mention in the compromise and also receive a post dated cheque. Plz also tell me your case is in which high court.
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Re: withdrawal of 498A and bigamy case
i really want to give you good advice.
go and engage an advocate and get all your queries answered plus he/she will look after your interests too.
we are here only to give brief advices on general conditions. for specific details we always advice to engage the lawyer.
it may cost some amount but ultimately only you will benefit.
Re: withdrawal of 498A and bigamy case
contact your own or local advocate
Re: withdrawal of 498A and bigamy case
it is advisable for you to be causious while the agreement is reduced inot writing.
the police may not agree with your decree of divorce, and perhaps may not file cancellation report, as the offense is non-compoundable . so your husband has to file the quashing in the high court on the basis of compromise. i would advise you not to dilly-delay the matter for next six months as after obtaining the decree, your husband can back step from the agreement.
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