Legal Question in Family Law in India

My husband stays in US and he has filed for divorce in US.I have lodged 498a and 406 against him in india.Now both of us have
come into a settlement. He has agreed to pay 50% of the settled amount at the time of signing the mutual divorce papers and remaining 50 % will be paid at the time of final hearing.But my husband has set two conditions
1) that i have to give my consent in his pending divorce case in US so that he can get divorce decree from US court.
2)I have to withdraw all criminal cases pending against him in indian courts.
We are both indian citizens and holding indian passports.Marriage was solemnized in india under hindu marriage act,If i give my consent to his pending divorce case in US and withdraw all the criminal cases pending against him in indian courts after getting 50% of the money,
can i challenge his divorce decree from US court on the ground of violation of conditions laid down in mutual consent divorce if he does not pay me the remaining amount at the time of final hearing of mutual consent divorce in india?
2)Can i again lodge 498a and 406 against him in india on the above ground?

Asked on 7/14/10, 9:09 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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it is better that you accept 50% at the time of first motion and then the balance 50% after six months when your statement in second motion would be recorded and divorce be granted. only after getting the decree of divorce and the entire settlement amount, you should agree for getting the f.i.r. quashed and give your consent to him to also obtain the divorce in US. you should also get your f.i.r. quashed only after receiving the entire settlement amount.

Answered on 7/15/10, 10:58 pm

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