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asatyanarayana   27 March 2015

Legal opinion regarding 498a

my daughter file a case her husand in a women ps under sec 498A,406&506 OF I.P.C. R/W.34 0F I.P.C. & SEC 4&6 OF DOWRY PROHIBITION ACT.. our case was registered at police sation & did not proceeded forward to court ,we decide for mutual divorce as her husand n his family requested with a M.O.U. which mentioned that he shall pay 30,00,000/- as damage of my daugters life &on behalf of withdraw of the complaint n mutual divorce, they agreed to pay 10 lakhs at the time of execution of agreement & on the day to file a mutual petion before the honourable court...but as there is no evidence n security given by them for the remaining amount  do my daughter have any right to go legally to get the rest of agreed amount from her husband if there is a possibility i want to know the proceed of that....n do i can take any action against the breach of the agreement.......n i want to know whether i can close this case in the police station or the court n after the closure of the case if her husband did not come to evidence of divorce what kind of action should i take against him...please suggest me n help me..............  

 


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 2 Replies

Adv k . mahesh (advocate)     27 March 2015

if the petition already mention that they agreed to pay that alimoney amount then she can ask in the court them about the payment then she can give her consent 

SAINATH DEVALLA (LEGAL CONSULTANT)     27 March 2015

If whatever U have mentioned is written in the mutual settlement deed, they or U have to comply with the contents.Hence they are  bound to pay her he rest of the alimony amount.


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