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What to do when other party not withdrawing 498a and DV case?


02-Nov-2023 (In Family Law)
Sir,i am taking mutual consent devoce,but opposite party not withdrawn 498 &Dv case.for further what can i do.
Answers (3)

Answer #1
776 votes
By now you might have taken interlocutor order for restricting unnecessary burden of stress by police and other NGOs of Mahila aayog etc.. . If your counsellor has rightly filed the petition it should not take more than 3 months to get the divorce decree as the latest amendment of Supreme court has waived of even the 6 month cooling down period....yes but it is must that the marriage should be atleast already a year old for speedy decree and order
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Advocate Seema Ravindra Kulkarni

Adv. Seema Ravindra Kulkarni

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Answer #2
688 votes
There can no way to have divorce without withdrawal of 498 A and DV case. Even otherwise if the other side is not withdrawing the cases then get the decree of mutual divorce there are certain judgment which say that after decree these proceeding are of no use even otherwise it needs to be quashed .
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Advocate Ujwal Phasate

Adv. Ujwal Phasate

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Answer #3
519 votes
If you are taking a mutual consent divorce then you have to mention all the cases filed by the girl in the concerned court and you have to mention in the mutual divorce case that the girl is ready to withdrawal all the cases within the date fixed in mutual consent
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Advocate Anis Momin

Adv. Anis Momin

LawRatoPune | 100+ Answers
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