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Divorce And 498 A Quashing Before Second Motion Of Divorce.


10-Nov-2025 (In Divorce Law)
During 498 a quashing, is there legal requirement of divorce decree based on mutual settlement in Delhi High court or can it be done in between ist and second motion after mentioning it in mouth settlement that 498 a will be quashed before second motion.
Answers (3)

Answer #1
701 votes
Quashing is a discretionary power of the High Court which is to be done on settled grounds. When quashing is done on the basis of settlement the Hon’ble court put question to both parties. To avoid any delay it is advisable to annex the certified copy of the decree and MoU, if executed.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

LawRato Delhi | 25+ Answers
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Answer #2
798 votes
Delhi High Court generally prefers that the parties have already obtained a decree of divorce or at least have filed for divorce by mutual consent with substantial compliance of settlement terms. However, quashing can be allowed even before the second motion if both parties file a joint petition stating that they have amicably settled all disputes, received the agreed payments, and there is no opposition to quashing.
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Advocate Vishali Verma

Adv. Vishali Verma

LawRatoDelhi | 25+ Answers
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Answer #3
996 votes
It entirely depends on the circumstances and the conditions of the MOU between you . Practically it should be done before 2nd motion as it becomes difficult after that to get the other party on board.
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Advocate Anshul Dutt

Adv. Anshul Dutt

LawRatoDelhi | 25+ Answers
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