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QUASHING OF FIR 498A AND 406, RELIGION HINDU,MATRIMONIAL
16-Sep-2023 (In Family Law)
My wife and i got MUTUAL CONSENT divorce about 3 months back, but now she is not cooperating for quashing proceedings under Honorable Delhi High Court. i have a pending FIR 498a and 406/34 against me and my family members, that needs to be quashed under settlement deed which was done some times back under Honorable court mediation cell , and she took 2 equal installments of money for 1 motion and 2 motion respectively.ow its her turn to help quashing done by cooperating,but she seems to be reluctant in taking money and wants case to proceed, please suggest what is possible if she doesn't cooperate, we are ready to pay third installment obeying settlement deed,what will be done,will quashing be done even if she is absent or doesn't give here consent during court proceedings,please guide.
You may file quashing petition before the Hon'ble High Court of Delhi to quash the case on the basis of settlement proceeding before the mediation centre and further deposit the said amount to be given to the wife before the Hon'ble Court. For more information, feel free to have a word with me. All the Best.
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Adv. Sahej Uban
Delhi | 500+ Answers
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Application for quashing of the fir at high court needs presence of both the parties.
Please refer to mutual consent clause of settlement what is written about quashing of the fir ( high court) ?
What is condition of bailout of mutual divorce 1. Money 2.quashing of Fir.3 any other.
If even one of the above three conditions are missing then what is status of this mutual consent? Does it become void or is it revocable by other party in case of any breach of contract?
I think in your case your wife is breaching the contract...
Stop all payments immedately, let your wife file first for quashing of the FIR , thereafter​ only your approach.
Dont worry about 498A, supreme court is coming heavely on bogus cases registered U/s 498A.
Please refer to mutual consent clause of settlement what is written about quashing of the fir ( high court) ?
What is condition of bailout of mutual divorce 1. Money 2.quashing of Fir.3 any other.
If even one of the above three conditions are missing then what is status of this mutual consent? Does it become void or is it revocable by other party in case of any breach of contract?
I think in your case your wife is breaching the contract...
Stop all payments immedately, let your wife file first for quashing of the FIR , thereafter​ only your approach.
Dont worry about 498A, supreme court is coming heavely on bogus cases registered U/s 498A.
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Adv. Vijay Sahni
Delhi | 100+ Answers
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Hi first of all u can tell the court that neither she comes to the court and all neither she says anything neither she response in anything neither she appears quashing can be done if both the parties are there only then the Court will listen to u
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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she has to cooperate in quashing petiton as per the settlement or mutual consent terms conditions.... you can either file the case and ask the court to summon or notice her with respect to quashing petition failing which the court can issue warrant against her also.. and you can also file a contempt of court case if she fails to appear before this hon'bel court after notice.
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Adv. Sandeep Saini
Delhi | 100+ Answers
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Dear Client
You can get a contempt petition filed before the delhi high court on the ground that your wife is not abiding by the terms of the settlement deed and get a direction to her to file the petition under Section 482crpc.
Feel free to call or make an appointment to discuss the matter in detail.
You can get a contempt petition filed before the delhi high court on the ground that your wife is not abiding by the terms of the settlement deed and get a direction to her to file the petition under Section 482crpc.
Feel free to call or make an appointment to discuss the matter in detail.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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