quesMarried me for property sake. Living with bhabhi as husband and wife.

My husband married me only for the sake of property.he was living with his real bhabi as husband and wife and had children also. He did fraud with me.when I came to know about it I filed 498a after three years of returning back home.but now it's five years since I'm back home but he still wants to blackmail me for divorce as he is already settled.he wants me to file mutual consent divorce and want a clause in it that I will be bound to lift the 498a case against him.he will just want me to sign the mutual consent divorce papers once and then get the 498a case against him quashed from the high court. What should i do?

  • ansIn case you intend to resolve the matter amicably then you can sign a settlement deed , wherein you can discuss the terms of mutual consent terms.

    In the said terms you can further mention about the quashing of  FIR (if any) against your husband, but that should be done post Second motion of Mutual consent terms.

    Furthermore, all payments for your alimony , stridhans shall be received in form of Demand Draft.

  • ansDear Madam,

    Before answering your queries i would like to suggest you something: 1. you are aware that you and your husband don't have feelings for the relation; 2. you are aware that he did marriage for the sake of your property; 3. you are aware that he staying with someone else.
    So for what you wish to continue all these litigation. You shouldn't have right to spoil your life for such type of guy. It's my personal opinion that opt for mutual divorce and start your life as a fresh with a new partner of your choice.

    Now on legal rights: Please confirm me how many issues pending before the court, what you want to achieve out of this, do you wish to punish him or take a revenge please answer my queries for the right answer.

    Mohan S.

    Advocate Mohan S

      Janakpuri, Delhi

  • ansMadam, it will entirely be your prerogative whether or not to agree to a mutual consent divorce. Even the case under section 498A cannot be quashed without your consent. Thus, in either case you may refuse and in case he persists with harassing you, you may file a fresh criminal complaint with the relevant facts

    Advocate Rajat Joseph

      Nizamuddin East, Delhi

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