fighter498a 09 July 2015

498a settlemet mou

The woman filed false 498a on A1(Man),A2 and A3 (parents)

A2 and A3 applied for AB but their lawyer only managed to procure Interim bail.

The other party came with settlement asking for huge compensation which in presence of both the parties lawyer along with the 498a woman, A2 and A3 were discussed and came to an amount of 10lac which was not finalized or signed.

Now again instead of getting AB the lawyer got Interim extended saying that the parties settled for an amount of 25lac.During the hearing in absence of A2 and A3 their lawyer did this blunder and now he says there is no other option other than settlement otherwise the bail will be rejected.

What should one do when own lawyers do such act even without the knowledge of A1,A2 and A3 ?

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6 Replies

saravanan s (legal advisor) 09 July 2015

why do you want to settle money to get out of 498a.remember 498a can be filed again by the woman even after this settlement and most important thing is 498a can be filed even after divorce.

so better fight the case on merits.if you agree for settlement it means you admit committing the crime also.

fighter498a 09 July 2015

Thanks for your response.

I have not yet appointed any lawyer or applied for AB,its the parents who appointed a lawyer for them to get the AB but instead their lawyer only procuring Interim and its the lawyer who initiated the settlement.Now without their knowledge during the AB hearing he got extension of the Interim saying that both parties agreed on settlement and now the question is in next hearing if the MOU is not shown then parents bail will be rejected thats what their lawyer says.

fighter498a 13 July 2015

Does anyone here got any advice for this situation where own lawyer put the MOU in court without consultation and now threatening of not getting bail.

Adv k . mahesh (advocate) 13 July 2015

before court takes congnizance first consult another local lawyer and discuss the situation and take his services on the next hearing and extend the ab

fighter498a 13 July 2015

A2 and A3 are parents and i don't understand without any evidence when they are not granted Anticipatory Bail instead only Interim which is kept on extending.

Their lawyer said to agree on compromise otherwise they will not be granted Bail and now without their consultation the lawyer againt got Interim Bail extended and gave settlement amount in court.Now he says if we back out from settlement amount then the interim will be rejected so its a sort of pure blackmail and seems our lawyer is in hand with the other party.

Yes we going to change the lawyer but still the question is it possible from our side to cancel this settlement (which is given by our lawyer in court but no written existing settlement) or its only possible from the girls end ?

Our lawyer says now there is no option as he got interim extended on basis of settlement and if we backout then there is no option other than going to jail.