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Zero Alimony MCD and quashing of 498a FIR before 2nd motion...........
13-Sep-2023 (In Divorce Law)
Interim Maintenance application dismissed on the ground that wife hides about her employment. Order challenged in appeal and got dismissed again on similar ground. Now wife wants to settle the matter without any alimony.
Now I want to know from you that can there be Mutual Consent Divorce without paying any money to wife?
In such a zero-settlement case, can a judge pass an order to give some money to my wife?
I have three cases pending against me of DV, 498A, and 156(3) 200 where she tried to book my brother and father under section 354. she filed this case after the magistrate dismissed her interim maintenance case. Can all these cases be withdrawn before the second motion? Because I can't trust them blindly.
Can the 498a FIR be quashed by the Delhi High Court on the basis of MOU before the second motion?
I will be grateful to you if you answer the above questions point-wise for my better understanding.
Yes in mutual divorce everything goes mutually, i.e. if she don’t want anything from you then you can be divorced by not giving a single penny. There’s a proper statement that is recorded before the family judge. And if maintenance application has been dismissed that’s will be a plus point for you and your FIR will be quashed easily on that ground.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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hello client aa you havw discusses tye things over in your query is reallly very technical as wwll aa things are needes to be get matueed in a manner tht things should move in your fevour only at any stage so it ia requiered to movw in safe way i nees to go thorgh ur full case file then only i can advice you .
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Point wise answer to your query:
As you have mentioned that she wants to settle the matter without alimony then we can draw the same in the MOU clause which would be drafted and signed before the filing of the mutual divorce petition.
1. Yes mutual divorce can be filed without alimony as the same would be settled and stated in the MOU mentioned above.
2. Yes she has to withdraw all the pending cases against you and the same would be recorded in the MOU and the petition for mutual divorce. Also the court would record the statement before itself for the same.
3. Once everything would be recorded then after the passing of the second motion we can move to the court for quashing which would be easily granted even if later she refuses to join before the Hon’ble High Court. Her recorded statement in the mutual divorce and the MOU would be the ground for the same.
Hope all your queries have been answered now. However for any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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