settlement in matrimonial dispute
SATINDER
(Querist) 26 November 2014
This query is : Resolved
In our case settlement hasbeen arrived between husband and wife. Husband accepted to pay settlement money and wife will withdraw DV complaint, 498A complaint filed against husband, in-laws and other relatives. Chargesheet against been filed in 498A case. Wife case is based on false allegations and we have documentary evidence issued by police and other govt. Authoriies to prove. There are sufficient evidence to prove that wife has misused the law and unnecessarily harassed the husband especially other relatives. Since settlement is done. My question is as under
1. Can relatives can file case against wife for misuse of law and harassment caused to relatives even after settlement.
2. What are legal remedies available to relatives.
3. What will be the consequences of filing any case against wife after settlement between husband wife.
4. Is it appropriate to file any case against wife who has misued the law and caused immense mental agony, loss of time, money and repuation to relatives.
5. Does it effect the setlement.
ajay sethi
(Expert) 26 November 2014
once disputes have been amicably resolved and all allegations with drawn no case should be filed by relatives .
relatives should forget the cases filed and move on in life
SATINDER
(Querist) 26 November 2014
I do not want to let her go like this. She has not misuse law but harassed me a lot. For last 2 year I lost my peace of mind and also lived a worst list. I was suffering from long serious illiness and the time, energy and money I had to use for my health and life, that I had to spend on litigation for no fault. I was waiting for start of trial when I could produce all documents and wanted to prove my innocence. This settlement means we all pleaded ourselves guilty and the girl and the court forgive us because of setlemeny. We are not discharged as innocent people but peopled who are pleaded as guilty by default.
I want to teach lesson to all wrong doers who very use law as means of blackmailing and extortion. There must be some way to stop suchnpractice
Devajyoti Barman
(Expert) 26 November 2014
Once settlement is done and effected though court of law, you would be debarred to initiate any action on the past incidents.
Nadeem Qureshi
(Expert) 26 November 2014
Who are you in this case???????
If you are not ready to accept the settlement then no need to worry, fight the case on merit and if get acquittal then file a criminal case for malicious prosecution against the complaint before court. apart from this you may file a civil suit for defamation with the claiming the damages.
Feel Free to Call
Kuummaar AS
(Expert) 26 November 2014
Try to live a peaceful life. Taking up matter further may result in further waste of time, money and energy.
T. Kalaiselvan, Advocate
(Expert) 01 December 2014
Everything in this world is subjected to change, so keep moving with the time that rolls on. Actually when the case has been settled, you have no case at all. The 498a will not be withdrawn by her instead she will turn hostile to the case and the case will be acquittal.
