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Fir quashing fees to be paid by whom after divorce decree received.
09-Apr-2026 (In Divorce Law)
I had to accept unfair settlement from husband to get mutual divorce..
Now the husband says he will not pay FIR quashing fees ,for the FIR which is filed against against him.
I have no objection for FIR quashing.
2nd motion is to be passed on 17 April,2026..If I don't Quash FIR after divorce decree..can I get remarried legally?What to do to make husband pay the FIR quash legal fees? Also I need to remove surname from my adhar which was submitted during FIR,can it affect FIR quashing.
Divorce has nothing to do with FIR quashing. It’s for his benefit. He will settle. The only thing is the second motion is on certain terms. If you refuse to give consent on quashing of FIR. It will be breach of terms.
I suggest you go ahead with mutual consent and then later on let him pursue this. To establish the breach he has to file something.
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Adv. Kashu Shubhamoorty
Adv. Kashu Shubhamoorty
Delhi | 25+ Answers
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Your concerns are valid and addressable. Let me respond to each point:
1. Remarriage after divorce decree without quashing FIR:
Yes, you can legally remarry after the divorce decree is passed, even if the FIR is not quashed. The FIR quashing and the divorce are separate legal proceedings. Your right to remarry is not conditional upon FIR quashing.
2. Making husband pay FIR quashing fees:
Since the FIR was filed by you and he is the accused, you may include FIR quashing legal expenses as part of your settlement terms before giving consent for the 2nd motion. You have leverage here — your consent for the 2nd motion is valuable. Consult your advocate to negotiate this before April 17, 2026.
3. Changing surname on Aadhaar before FIR quashing:
Updating your Aadhaar surname will not invalidate the FIR or affect quashing proceedings. The FIR is identified by case number, not your name. However, inform your advocate so they can place it on record before the court to avoid any technical objection.
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Adv. Neha Gupta
Adv. Neha Gupta
Kurukshetra | 100+ Answers
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You can legally remarry once your divorce decree is granted, regardless of whether the FIR is quashed, since it is a separate criminal matter; the FIR does not affect you because your husband is the accused, not you. Your husband is required to pay FIR quashing legal fees only if this is clearly mentioned in your settlement or court order, otherwise there is no automatic obligation however, you can enforce the settlement legally or condition your consent for quashing on payment. If you refuse to cooperate, the FIR case will continue, which may impact the settlement. Changing your surname in Aadhaar will not affect FIR quashing; just ensure you maintain proof linking your old and new names.
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Adv. Sumegh Garg
Adv. Sumegh Garg
Gurgaon / Gurugram | 100+ Answers
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You need not to pay any fees for quashing, it depends upon the mutual settlement agreement you have signed, it is his problem to quash case against him, your duty is to withdraw all cases which is in your hand and he will withdraw all his cases and inFIR case you can be hostile at the stage of your evidences if he want to quash earlier he will go to high court and quash the case for more information you need to discuss further
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Adv. AK Rohilla
Adv. AK Rohilla
Rohtak | 100+ Answers
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In your situation a better option is that if the Challan has not been presented by the Police then make a statement to police that you want to withdraw the complaint and if the matter is in the court then make a statement to Judge that you want to withdraw the case against your husband.
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Adv. Ankit Kumar
Adv. Ankit Kumar
Rewari | 25+ Answers
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