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False and fraudulent 498a filed after MCD


28-Jan-2023 (In Divorce Law)
Hello, My ex-wife's father filed a false 498a after we had a mutual consent divorce in UK. We were married in India according to HMA and got divorce finalized in January 2020 and he filed the 498a complaint in April 2020. Our divorce decree includes a clause and mutually agreed settlement statement saying that neither party shall have any claims against each other in the future. Will Indian courts uphold this clause of final settlement?
Answers (2)

Answer #1
749 votes
Yes. if it is recorded in your decree about settlement clause. you can rely on it by approaching to High Court for quashing an FIR of 498A. You need to obtain certified copies of your divorce decree and judgment of mutual consent case.
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Advocate Harshad Garud

Adv. Harshad Garud

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Answer #2
822 votes
hi in this case you have to move to the high court for quashing the FIR on the ground that the dispute between you and your wife is mutually resolved in UK furthermore you have to obtain declaration from Indian court regarding your divorce by mutual consent as your marriage is solemnised under Indian law
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Advocate Rohit Shaligram

Adv. Rohit Shaligram

LawRatoPune | 5+ Answers
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