Legal Question in Family Law in India
I filed mutual divorce and 498a is pending . fINAL HEARING OF MUTUAL DIVORCE YET TO HAPPEN .Girl promise me to withdraw 498a . BUT SHE DID NOT CO -OPERATE . 498A IS STILL PENDING . cAN I DENY MUTUAL DIVORCE AT FINAL HEARING DATE ?
4 Answers from Attorneys
yes you can deny.
Send me your detail may be i can tell you the other option.
Regards
It is usual practice in Mutual Divorce that a MOU citing terms and conditions are entered into between the parties in which both the parties undertakes to withdraw pending cases against each other or family members.
However, if you don't have reliance upon the lady, you better ask her to file quashing petition, before the signing the MOU.
As per law she may not be able to withdraw the 498-A complaint nor can she seek quashing of her complaint; on the contrary, based upon the agreement reached between the two of you, a petition may be filed in the High Court for quashing of FIR or you may file an application in the trial court seeking your discharge on the basis of compromise.
is it mentioned in the petition for mutual consent that after divorce she would withdraw the FIR. in case yes, you can ask her to give a statement before the court that after divorce she would co operate in getting the f.i.r. quashed. in case the statement is given, you are on the safer grounds and can proceed with divorce.