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Compromise in matrimonial dispute

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Family Law

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My wife has filed three cases against me and my family members in different sections of IPC as well as under the Domestic Violence Act. She has filed a divorce case against me in district Ajmer so as to mount pressure upon me. In the meantime, I have filed a petition for restitution of conjugal rights before the family court Jaipur.

Thereupon she filed a criminal case under section 498-A/323/506/377/511 IPC before session court Rohini, New Delhi and maintenance case under section 125 crpc before the Magistrate court Ajmer. We have reached a conclusion that we should settle our disputes out of the court, hence, our disputes have settled. Finally, I want to know what procedure should I adopt to settle these cases?

Question from: Jaipur (Family law)

As far as your case is concerned, you have reached at the stage of compromise then ready to settle all the pending cases. You should convince your wife so as to withdraw all the cases filed by her on the basis of compromise. When she decides to withdraw all these cases then you should file a petition before the supreme court under section 406 of the code of criminal procedure for transfer of all cases at any one district. 

Thereafter you should prepare a compromise deed and file a divorce suit under section 13-B of the Hindu Marriage Act i.e. divorce by mutual consent. On the basis of that compromise deed, you may file a petition before the High Court under section 482 of the code of criminal procedure for quashing of a criminal case. In B. S. Joshi vs State of Haryana (2003) SCC 675; it is held by the supreme court that when parties to the marriage have reached compromise then criminal case filed by them shall be quashed.

Yogendra Yadav v. State of Jharkhand, (2014) 9 SCC 653;  the High Court can quash criminal proceeding under section 482 of the code of criminal procedure in case parties have amicably settled their dispute and victim has no objection.

Divorce case shall lie however the criminal case has quashed by the high court and Divorce by mutual consent shall be granted by the court on the basis of compromise deed.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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