Legal Question in Family Law in India
The 498a fir had been filed by girl, after some 3yrs settlement by amicable separation is reached.
with the conditions (oral) that opposite party would deposit the streedhan and belongings with third party (who acts as trustee) also girl will receive her belongings only after the divorce/decree.,
Then the mutual consent(13B) is filled by the girl.
But now girl is pressured for the withdraw of the 498a by quashing in high court, even before the first motion of the MCD.
She is advised not to withdraw before the 2nd motion, atleast.
What are the options for the girl for further preceding?
1 Answer from Attorneys
The girl should give mutual Consent divorce first and all the settlements between parties should have been mentioned in it and once she has recieved her istreedhan then only she should go in for quashing of 498A etc . And this is the only procedure for quashing of a FIR in divorce cases.