how to get FIR cancelled once 498 case is settled
We have got through the settlement of our 498 case thru mediator and the agreement is also signed by both parties and alimony is decided around 10 lacs for full settlement. My question is who should get the FIR cancelled - us or bride, the FIR was lodged by bride. Also, how we should get the divorce deed and rest of the formalities done? Our lawyer has asked for Rs.15000 to get the FIR cancelled from high court so that he can file a new case there to get the FIR cancelled.
Was there a clause in the settlement agreement regarding the withdrawal of cases by either side? Has the settlement been recorded by the court and decree passed in view thereof? Presuming the settlement is silent on the issue, you can present a certified copy of the settlement and ask the police to close the case. You may also ask your wife to do so since she lodged the FIR. Both the spouses can file a divorce petition u/s 13-B of the Hindu marriage act based on mutual consent to get divorced in the quickest way.
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