Wife filed 498A, DV cases now want mutual consent divorce, return articles
2 years ago
498A case, DV case is pending in court of law, wife wants to file mutual consent divorce to which husband also agreed. Wife lawyer does not want to mention of running cases in the divorce petition, and giving oral assurance that they will withdraw the DV case, and also will plead and if court permits then will withdraw the 498A case. Wife now stating that she wants to familial articles and ornaments belonging to husband side and so i want to know, 1. Without withdrawal of cases and without making mention of the cases, is it correct to file mutual consent divorce? 2. Wife had taken by involving police, all the articles and now she wants to return it back, is it correct to take the things back? Or should husband refuse to take back or what safeguards to be taken by husband while accepting the things from wife side? 3. Cases in court not getting expedited, no video conference proceedings also allowed citing infrastructure issues, what can be done by husband to expedite the cases?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
2) It is necessary to make proper minute of such return of utensils by signatures of not only the husband and wife but also in presence of their parents/ relatives.
3)As both of them is willing for MCD, so after making the terms ready and after due compliance thereof MCD can be filed and usually after six months the evidence date will be given and if both spouses remain agree for divorce,then decree for divorce will be passed.
It is very important that you take all the steps careful as criminal cases are filed against you and unless they are quashed or settled you should not agree for the MCD as its done once then you may have to still fight those cases.
1. It is not advised to file for MCD without mentioning the other related case and specially that the wife has agreed to withdraw those cases.
2. Yes, its ok to take back but put all that in the MCD petition to be safe.
3. Nothing can be done about it as lower and trial courts are not enabled for virtual hearing. Just wait for this third wave to get over.
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