Legal Question in Civil Litigation in India
Sir,
It has been decided with my husband that we will jointly file a mutal Divorce Pition to the court aganist proper ground of mutal Divorce.
My Husband has agreed to pay the alomony as a final settlement on that very date of submission of the application and sub subsequently within a day or two I have to withdraw the following casses agnist him pending in the Court 1Crpc 498A,2 Crpc 125 of the case of criminal procedour 1973 C.Crpc 406.
My husband is a cunning one person I apprehend ,that He may submit to the Judge on 1st or 2nd motion in mutual divorce case after withdrawl of my all cases as mention above,praying that he is not welling to accept mutual Divorce and made withdraw his application In that case I may kindly be adviced as to wheather the judg can direct me to deposit the entair alomony money received by me from my husband? and what will be the final fate of that alomony money?
wheather I can Reopen the case again which was alreaday withdwran by application what is the procidoure of reopening of such cases in this context?
Can he arrainge to dismiss all the cases(crpc 498A,Crpc 125,Crpc 406) filed by me, by placing a copy of my mutual divorce pitition filed by me aganist those cases mention above?Awating for your Legal advice..Pls advice what should best path of Mutual divorce with Permanent Settlement?
2 Answers from Attorneys
The procedure is that both of you have to go for divorce first and you have to mention in your petition that the girl would help her husband to get the FIR quashed by High Court and the money received by the girl from the husband as a final settlement.And lastly the decree of divorce would be shown to the High Court to get the FIR quashed .
I concur with Mr. Sanjay Kalra.
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