Frequently Asked Legal Questions and Answers › Category: Divorce › DV and 498A filed in court before filing divorce petition

Bindu asked 3 years ago

Hi, I have filed a DV case and 498A against my husband in 2016. DV case orders of Court in 2017, but the judgement to give back 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.My husband is not ready to file mutual divorce and he doesn't want to sign an MOU ( MOU stating that I would withdraw all cases after I obtain divorce and return of jewellery by him ). Instead of MOU, he wants me to give a letter of undertaking that I would withdraw all cases after I obtain a divorce and receive my jewellery. He wants me to file a divorce petition individually.1) Are there any complications/future litigations/issues if the letter of undertaking is signed by me alone and filed in court along with the divorce petition, rather than MOU which would be signed by 2 parties??2) Now, if I file for divorce individually and obtain it, will the existing Execution petition and DV Case and 498A cases becomes void?? Or can I continue the above 2 cases even after obtaining a divorce?Kindly advise me in this regard. Thank you.

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. My husband is not ready to file mutual divorce and he doesn't want to sign an MOU ( MOU stating that I would withdraw all cases after I obtain divorce and return of jewellery by him ). Instead of MOU, he wants me to give a letter of undertaking that I would withdraw all cases after I obtain a divorce and receive my jewellery. He wants me to file a divorce petition individually. 1) Are there any complications/future litigations/issues if letter of undertaking is signed by me alone and filed in court along with divorce petition, rather than MOU which would be signed by 2 parties?? 2) Now, if I file for divorce individually and obtain it, will the existing Execution petition and DV Case and 498A cases becomes void?? Or can I continue the above 2 cases even after obtaining a divorce? Kindly advise me in this regard. Thank you.