MCD Mutual Concent Divorce Hindu

955 votes

make a memorandum of undetstanding and waot for the final order of the family court one u get the order if she is not taking case back go for quashing of fir im the high court and in the dv matter file the mou and the order and get it finished by yourself after hiring advocate

Advocate Brahmanand Dube LawRato

510 votes

A petition for divorce is in the nature of a civil proceeding. It can only be made to the family court having the necessary local jurisdiction, which is essentially a civil court. On the contrary, an action for Domestic Violence under Section 498A is of criminal nature. Proceedings under DV act, though under a separate enactment, are in the nature of proceedings under 498A. These two categories of proceedings may be initated in a family court and also a criminal court. Even in the absence of any proceedings for divorce such actions can still be maintained independently, as their end object is punitive in nature, as Domestic violence is an criminal offence. Because of this lack of interdependence the law does not require or necessitate the automatic dismissal of domestic violence proceedings merely because of grant of decree for divorce. It would be most appropriate for you to remit the sum of Rs.3 Lakhs as it already forms a part of the terms of mutual consent divorce decree. Then she might feel incentivised to take the case back. You cannot force her to withdraw it. But you may make an application to court for discharge and / or dismissal saying that no cause survives. You acn also consider compounding the offence if you are willing to admit to being guilty of th offence of domestic violence, or you can attempt to arrive at a settlement by way of mediation. It would not be possible to give you full fledged legal advice on this without reading the record of the proceedings in the MCD case and the allied criminal cases for domestic violence. Please furnish details.

Advocate Mrinalika Devarapalli LawRato