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What happens if ex wife does not cooperate in removal of 498a?
16-Sep-2024 (In Divorce Law)
We have reached an amicable solution to get MCD(we will be moving the application next week). But i have a 498a case along with Dowry section 3 and 4 and 506. I doubt that once i get my MCD, they may not cooperate in removing the 498a case. They may neither turn hostile or come to court on their own to tell the judge that the issue has been settled.
What is the best way to remove the case? What alternatives do i have if incase they do not cooperate?
at this juncture, you have several options.
i) Get file the application for mutual divorce in an appropriate court and pay half of the permanent alimony amount to your wife on the same day. latter get trial of the case/s pending against you in the magistrate court and after that only you can ready for the disposal of divorce petition with balance amount.
(or)
ii) file a joint memo to the reffer the case pending against you to Lok-Adalat. Latter make an application for grant of Mutual Divorce and keep pending payment till the day of recording compromise in Lok-Adalat and on that day, pay half of the money ( agreed for permanent alimony) and pay the remaining amount on the day of final day of divorce case.
etc.
you are advised to keep some money pending (in the amount agreed towards permanent alimony) with you till disposal of all cases including divorce petition.
i) Get file the application for mutual divorce in an appropriate court and pay half of the permanent alimony amount to your wife on the same day. latter get trial of the case/s pending against you in the magistrate court and after that only you can ready for the disposal of divorce petition with balance amount.
(or)
ii) file a joint memo to the reffer the case pending against you to Lok-Adalat. Latter make an application for grant of Mutual Divorce and keep pending payment till the day of recording compromise in Lok-Adalat and on that day, pay half of the money ( agreed for permanent alimony) and pay the remaining amount on the day of final day of divorce case.
etc.
you are advised to keep some money pending (in the amount agreed towards permanent alimony) with you till disposal of all cases including divorce petition.
Helpful?
Adv. Kadagala Rambabu Naidu
Srikakulam | 200+ Answers
Chat
hi if your wife refuses to co operate or takes a u turn in taking steps for removal of the caae then you could approach court by filing quash petition to quash the case and that it is based on all false allegations
Helpful?
Adv. Baddam Aravind Reddy
Secunderabad | 500+ Answers
Chat
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