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Discussion > Criminal Law > Dowry > False 498a case and mutual consent divorce   Unanswered Threads Post New Topic

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There are 15 Replies to this message


Pkumar


technician
[ Scorecard : 39]
PRO CHAT CALL
Posted On 10 April 2012 at 12:58 Report Abuse

Dear Forums Members,

My Wife has filed a false 498A case against me and my Parents
we are out on regular bail.

Now my wife wants to withdraw the case if i agree to mutual consent divorce and alimony amount of X lakhs.

Please guide how to proceed in this situation.

thanks and regards
PKumar



M.Sheik Mohammed Ali


advocate
[ Scorecard : 10036]
PRO CHAT CALL
Posted On 10 April 2012 at 13:19

where are you from ? if both are ready to give divorce than withdrawn the 498a case before the court, thereafter file mutual divorce petition, thats all if you want good advocate in chennai call my senior. Ramesh manikandan.9841786197.


Pkumar


technician
[ Scorecard : 39]
PRO CHAT CALL
Posted On 10 April 2012 at 14:34

Hi Sheik,

thanks for the reply,

1) Is it safe to go for mutual consent divorce, when 498A case is still running ?

2)What to do, if she again files false cases after divorce like DV?(To Extract more money)

3)Can i file counter cases for False 498A case ?. Will i get justice?

thanks and regards

pkumar

 


ravindra


Analyst
[ Scorecard : 651]
PRO CHAT CALL
Posted On 10 April 2012 at 14:56

Hi PKumar

1)In MCD terms u can ask for withdrowing 498A and DV.

2)If she is not ready to withdrow 498A and DV and she only wants divorce  then dont go for mutual divorce.

3) After withdrowal of all the cases u can't file any counter cases.

4) If u want justice then u have to fight and it will take 6-7 years or may be more.

Thanks

Ravindra Sonavane


Pranav S. Thakkar


advocate
[ Scorecard : 170]
PRO CHAT CALL
Posted On 10 April 2012 at 19:00

Now, When Wife is agree with demand of Rupees 10 Lacks to withdraw complaint of 498 A. then think if it is suitable to u or not? Then divorce is second step. But that transection is as compromise. If u r agree then it is ok.!


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39420]
PRO CHAT CALL
Posted On 14 April 2012 at 23:52

if the settlement seems reasonable to you go ahead.

 

Otherwise fight the case on merits

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com



Total thanks : 1 times

Shekhar


Proprietor
[ Scorecard : 49]
PRO CHAT CALL
Posted On 26 March 2013 at 13:51

Mr P Kumar,

There should be no compromise in case of 498A & DV. Fight Till The end. Belive in our judicial machinary. The initial period may by tough. Belive me, later you will not repent for the decision. Even I have been harrassed by both 498A & DV, I Am fighting it out. No Compromise wahtsoever.

Regards

Shekhar

Bangalore

+91-9731110296


ashoksrivastava


scientist
[ Scorecard : 651]
PRO CHAT CALL
Posted On 26 March 2013 at 22:44

Hi my suggestion would be to go for mcd if the amount demanded is justified as per your financial status with following 2 conditions: 1) get a proper compromise deed signed( study apex court judgement in ruchi agrawal's case for necessary points to be taken care of in such a deed) 2) ask your inlaws to transfer some property of sufficient value in her name so that after divorce she will not be able to claim the status of destitute divorced women unable to support herself therby laying claim to maint under crpc 125. this measure is essential as courts have repeatedly ruled that no compromise deed can deny any women her right to maint if such a deed goes against the social policy of any legislation. regards ASHOK

Shekhar


Proprietor
[ Scorecard : 49]
PRO CHAT CALL
Posted On 27 March 2013 at 14:20

Dear Mr.Ashok Srivastava,

For the love & Affection and respect we shower on our spouse, we get in return the bachelor degree of 498A & DV. In wht fasion & why should we compromise and sign a compromise deed? The in-laws would not listen to any of our words. I got the 498A after 15 Years of Married Life and at the age of 45. Should I Go in for compromise? 2Years have already passed & Now I Am 47. My financial status at that time was very bad, and hers good.Now things have improved. Now I want them to taste the outcome of their activity, No Compromise for whatsoever reason, for breach of faith.

Regards

Shekhar

Bangalore

+91-9731110296


ashoksrivastava


scientist
[ Scorecard : 651]
PRO CHAT CALL
Posted On 27 March 2013 at 14:43

Dear MrSHEKHAR you have got a masters degree and not bachelors{BURA NA MANO HOLI HAI} I will come back to this post tomorrow WISHING A VERY HAPPY HOLI TO ALL LCI MEMBERS regards ASHOK


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