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Raj (NA)     02 December 2015

498a settlement draft

[Reposting in the correct forum]

I have 498a , DP4 and DP4 cases (false) ... And after a few years the opposite party agreed to settle for fair and minimal amount. Per MOU, we agreed to deposit DD with a mediator , who will give the DD to the girl after all criminal cases are disposed off....  The question is where should the DD be deposited.. we enquired in the family court and my lawyer and Judge apparently said they are not responsible for keeping the DD... The opposite party lawyer stated that he can keep the DD with him.  How should I deal with this without any risks ? Where and with whom should I handover the DD... ?



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 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     02 December 2015

The settlement amount can be deposited in the court treasury,clearly mentioning the case number and the purpose.She can withdraw the amount once the case is disposed off by the court.

Anand Bali Adv. (Advocate Solicitor & Consultant)     02 December 2015

See without the court's permission you can not deposit the money for the purpose as at the time of withdrawl court's permission is must.

In this situation where the Judge is also not favouring to keep the money in Govt treasury only some mutual agreed person should keep the money with him for the further payment to the girl side after getting quashed all the cases against husband from the High Court.

Here it is also to remember that a DD's life is of only three months from the date of its issue which should be noted. and after the expiry of the date the DD has to be reissued only on the request of the person who hs got it made at first time.

Laxmi Kant Joshi (Advocate )     02 December 2015

Court rarely give permission to kept DD in the court treasury otherwise you have to arrange , if you had hand over the DD to the opponent lawyer it must be put in the cognizance of the judge and also written clearly in the mou the DD will hand over to other party only after the mcd and quashing all the criminal cases .

Raj (NA)     03 December 2015

The family court judge directcted the opposite party not to sign the MOU until , I present myself to the family court divorce proceeding... The problem is that I do not live in India and also have pending 498a and NBWs .... Due to false cases ofcourse.. The opposite party was willing to sign the MOU , which would have been a solution to all these problems. But the family court judge directed the opposite party not to sign the MOU until I come to the court.. Does the family court have power to give such directions ? What should I do now  ? Any advice is much appreciated.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 December 2015

Now U have come with the correct fact,the Judge is right,unless the accused is present how can the compromise be  effected.


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