Legal Question in Family Law in India
History
i got married in Feb 2008 & got a son after one year. My wife do not like my mother & registered a false complaint in women cell in Sep 2009 of dowrey & Physical assault on me & my family. I got seperated from my family as per the mutual compromise in women cell. My wife donot allow me to meet me my widow mother & threats me if i do so she will again sue me & my faimily u/s 498A. In Feb 2010, she alongwith his faimily members injured me & compaint is registered aginst them u/s IPC 323.
A) Now if out of court settlement takes place of divorce, what is the legal process. If no FIR is registered. What conditions should be written in divorce compromise.
B) They have given a false complaint on 01 feb 10 in police station of 498A & physical assault, but no FIR was registered resulted in mutual compromise, Is that complaint is still pending? or we need to take the enquiry report from RTI. Can they still ask for a FIR on base of that complaint.
C) Once mutual divorce compromise takes place, can they still sue us u/s 498A till the divorsed orders from the court or case is filed u/s 13b for mutual divorce.
1 Answer from Attorneys
The complaint remains pending till disposed of by a final order. The mutual consent divorce will be final ONLY after a court decree dissolving the marriage is passed.
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