498a quash- revision

Querist : Anonymous (Querist) 12 October 2011 This query is : Resolved
Can a 498A case which is quashed by HC basis settlement between husband and wife be again re-instated on recall being asked by anyone of the parties - on the pretext that one of the settlement condition has not been complied by the husband so the quash order be recalled and the case re-instated.

In case it is recalled - than can HC direct compliance to that pending condition or it would send back the case for trial in lower court again.

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Arun Kumar Bhagat (Expert) 12 October 2011
In my opinion the High Court will not pass an order for re-opening the case.You have to take appropriate legal action against the husband for specific performance of the clause of the settlement agreement.

ajay sethi (Expert) 12 October 2011
no high court will not reinstate 498 A case . if husband has failed to comply with consent terms you can move against husband legally for failure to comly with consent terms . there must be a default clause in consent terms . what does it state?

Sailesh Kumar Shah (Expert) 13 October 2011
You should take legal action against the husband for specific performance that condition of the settlement.

Shonee Kapoor (Expert) 13 October 2011
If there is any violation of agreement, the proper course would be either to get those conditions executed or go for contempt of court.

Cases once quashed can not be re-opened.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 13 October 2011
No chance to re-open once settled case. Fresh cause of action accrues in favour of wife so she is free to initiate accordingly.

M.Sheik Mohammed Ali (Expert) 13 October 2011
yes, not possible to reopen the settled case.

Biswanath Roy (Expert) 13 October 2011
I agree with mr Bhagat.

prabhakar singh (Expert) 13 October 2011
The settlement condition can be sought to be enforced but case, i also think, should NOT be reopened on this ground alone.

Querist : Anonymous (Querist) 13 October 2011
Is 'Recall' of quash order possible? My counsel says that he has applied for 'Recall' and the case will be listed again and Judge will decide to 'Recall" or not. The current status of the case is 'Disposed'

Arun Kumar Bhagat (Expert) 14 October 2011
Answer is already given.

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