Bindu asked 4 years ago Hi, I have filed a DV case and 498A against my husband in 2016. DV case orders were passed by Court in 2017, but the judgement to return my jewellery (stridhan) has not been honoured by my husband. Hence, I have filed an Execution petition in 2018 and it is going on to date. Also, 498A filed by me is still in the FIR stage even to date.
Seeking Advice on DV and 498A Divorce Proceedings
Background
My husband is not ready to file mutual divorce, and he doesn't want to sign an MOU (Memorandum of Understanding) stating that I would withdraw all cases after I obtain a divorce and the return of jewellery by him. Instead of an MOU, he wants me to give a letter of undertaking that I would withdraw all DV and 498a cases after I obtain a divorce and receive my jewellery. He wants me to file a divorce petition individually.Questions
1. Complications of Letter of Undertaking vs. MOU
Are there any complications, future litigations, or issues if the letter of undertaking is signed by me alone and filed in court along with the divorce petition, rather than an MOU which would be signed by both parties?2. Impact on Existing Cases After Divorce
Now, if I file for divorce individually and obtain it, will the existing Execution petition, DV and 498A cases become void? Or can I continue the above two cases even after obtaining a divorce?Read More
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