Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

498a and dp 3 and 4

Hello Every one Please advice me 

I got marriage on July 26th 2012 then i stayed with my wife 20days in India, in that 20days we all went to famous temples in India for 15days Remaining 5days only I satyed with my wife then I had flight on August 19th 2012 so I went to UK on 19th August 2012. Tottaly I stayed 20days. After I went to UK my wife went to her home with all the gold which was given by my father  then she and her family started balckmailing that they want money otherwise we file dowry case. I came to India in November 2012 they filed 498a and DP act 3 and 4 in January 2013on me and my family. I got bail and now I am going for court dates. thay filed MC and DVC against me and my family. Could any one give me good advice please. now the situtaion is under compromise position. my wife family already have gold which was given by my father in marraige this is equal to their money which was given in marraige. Now they are demanding extra money so we are ready to give money and come out of all these cheap cases. But how to proceed I dont know exactly after giving money also they can do like this only so I want complete information please tell me. If  it compromise is it possible to withdraw the 498a and DP 3 & 4 in Lok adalath. some of lawyers are telling that 498a and Dp 3 and 4 can not withdrawn in Lok adalath is it true? so Please tell me how to approach them and how to compromise with that stupid family please give me legal advice because they are very cunning please give good idea and how can i get divroce because still only 7months over with marraige date. Please give me good advice for all my questions.

 

Thanking you



Learning

 9 Replies

Tarveen (Self Employed)     07 March 2013

Dear Querist, According to the abovestated facts, I would suggest that you may execute a settlement deed in which you may clearly specify about the exchange of money spent in marriage on the condition of withdrawal of the entire complaints and cases by your wife and her family against you and your family. You may also put the stipulation to be on the safe side that on completion of 1 year you would file a case for divorce on mutual consent and after grant of the same you would give her the entire payment. Thereafter the said settlement deed can be produced in all the courts and she may record her statements justifying the same. Once she records such statement that she is doing with free consent and without coercion, the cases would be withdrawn. You may feel free to contact for any further clarifications. Regards Tarveen Singh Nanda Advocate & Consultant adv.t.s.nanda@live.com

Msk-need -nuetral- laws (self)     07 March 2013

Absolute extortion! And you see Mr Pk, if you  look onwards to settle things at moment as you ahve not completed one year term for MCD, the effect  will be more worse after year. I let you know the circumstances if you have not gone through many posts here.

1) Now they will ask hefty money to withdraw cases, and they will not withdraw any case and make you wander to courts for many years, ultimately the money you spent for seeking peace will neither be received to you. Even if you have settled through a deed, still one can make you run around for court cases for years,

2) Best tell them that you would pay the requested money on after obtaining Mustual consented divorce only after second motion is passed in court and that too through court as one time settlement.

3) Now if you yield, later again during divorce they will press you for more money.

4) there were cases where people after receiving money for the sake of revenge, they never withdraw and make you to run for 10 years, There are couple of such members, I leave the space to them to explain.


(Guest)

Thanks both of you for giving reply

 I have some doubts please clarify me.

1) what is lok adalat?  Is lok adalat conduct only once in year is it true? because some of them are telling evry week lok adalat is going but si told that only this month lok adalat is there so as soon as compromise with them. He told me if I miss lok adalat this month I can not compromise till next year is it true?

 

2) If I compromise with money settlement then what should I ask them legally with my wife and her family ?

3) If I compromise how they cancel or withdraw 498a and DP 3 & 4 because my next court date Dec 2013 so how they withdrae the case Please tell me


(Guest)

my marriage was done july 2012. only 7months over till now . Now can we file a Mutual divroce is it possible file divroce after 7months of marraige Please advice me in Divroce matter. is it possible to apply MCD now? 

then in 498a fir my family names also there but only I took bail  till now The police did not arrest my dad and mom and sister. One of lawyer is telling that he will apply antcipatory bail for my family and he is telling that if i agree he will bring quash the case from high court. Is it mandatory for anticipatory bail and quash petition because the case was registered in Jan 2013 till now police did not arrest my family so is there any chances to arrest my family ? please tell me give me reply save my life. If we compromise with money settlement then is there any problem to my family with police arrest etc...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2013

Once you reach the settlement, then the MCD can be filed after a period of ONE Year.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Manish Udar (www.Mehnat.IN)     10 March 2013

You can file MCD petition after one year of living separately. When you negotiate the settlment you have to simultaneously prepare an MoU.

 

+91 98180 28828

www.mehnat.in


(Guest)

In 498a case I got bail 2 months back itself but the police did not arrest my family till now. will they arrest my family? Can I go for Anticipatory bail for my family I dont know whats going on please help me will SI has power to arrest my family if they arrest when he will arrest my family? my parents are worrying about arrest and some issues. is it good idea to get anticipatory bail for my paresnts please tell me

 

Thanking you

Manish Udar (www.Mehnat.IN)     12 March 2013

Why did you not apply for anticipatory bail for your parents also when you applied for yourself? What kind of son are you?

www.mehnat.in

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 March 2013

Yes, it is important that they also take protection of AB.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register