Legal Question in Family Law in India
Dear sir,
Q1- Please define term 'Joint Quashing'?
Q2- Is it necessary that Wife also become respondent in Joint Quashing
or wife should attached her affidavit or there is some other procedure?
please help!
Thanks.
4 Answers from Attorneys
29.04.2012
Dear Sir / Madam,
A1. "Joint Quashing" means both parties to the dispute mutually set aside and annul it by judicial action, giving up and relinquishing all their differences and claims without prejudice.
A2. A simple letter stating that both parties have jointly quashed the case submitted to the Court keeper / clerk with the Case reference to be closed, and obtaining an acknowledgment thereto, is sufficient to close the matter for good.
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Regards,
in case she is the respondent and the petition is not filed jointly, even then she can file an affidavit to give her consent for quashing.
Quashing of a petition is done by the accused only and it is against the petition filed by the complainant. Joint quashing means by two or all the accused named in the Petition. To quash a Petition the affidavits of all the accused persons are a must.
First of all you have to prepare a compromise deed and then file quashing.
She should be respondent.
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Good Luck.
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