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Hi My wife filed 498a, 420 and dvc in her home town in Telangana. I filed divorce in the same court in Telangana. Me and my wife both work in Bengaluru we had a son so i filed custody petition for my son in Bengaluru Karnataka. After 2 years fight she come for settlement saying she doesn’t want any money to that I have to lose my son. We both agreed. Now they are asking me file quash petition for 498a and 420 in Telangana high court. Meanwhile, we will file for mutual divorce petition 13b in Bangalore. After settlement agreement, my wife is ready to give compromise letter for 498a, 420 that I need to submit it in Telangana High court..later, once mutual divorce order is passed in Bangalore, i will receive the judgement copy. I need to submit judgement copy in front of Telangana high court for 498a and 420 quash petition. Is this procedure correct? What precautions need to take while mutual agreement, mutual divorce, compromise later for 420 498a ? Please suggest.
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Hi
My wife filed 498a, 420 and dvc in her home town in Telangana. I filed divorce in the same court in Telangana. Me and my wife both work in Bengaluru we had a son so i filed custody petition for my son in Bengaluru Karnataka. After 2 years fight she come for settlement saying she doesn’t want any money to that I have to lose my son. We both agreed. Now they are asking me file quash petition for 498a and 420 in Telangana high court. Meanwhile, we will file for mutual divorce petition 13b in Bangalore. After settlement agreement, my wife is ready to give compromise letter for 498a, 420 that I need to submit it in Telangana High court..later, once mutual divorce order is passed in Bangalore, i will receive the judgement copy. I need to submit judgement copy in front of Telangana high court for 498a and 420 quash petition. Is this procedure correct? What precautions need to take while mutual agreement, mutual divorce, compromise later for 420 498a ? Please suggest.
Answer ( 1 )
Once the mutual settlement is reached between the parties, you are required to put down on paper, its terms and get the same attested from the notary/oath commissioner where both the parties signatures are to be present. File a quashing petition on the basis of compromise in the High court annexing that particular compromise deed. Meanwhile, comply with the terms agreed between the parties as per the compromise deed and get your mutual consent divorce decree passed. once the quashing petition is taken up, it is not compulsory to show consent divorce decree before the Court unless the court is insisting on the same. Once both the parties put up an appearance before the high court and accepting the compromise to be genuine, the quashing petition should be allowed as such.