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IK   10 December 2013 at 13:36

Out-of-court settlement / compromise for the case 498a.

To
Experts.

Sub:
1) Out-of-court settlement / compromise for the case 498a.
2) Procedure for closing the case and what safety measures must be taken by us.

We are hereby going for Out-of-court settlement / compromise for our case 498a filed by the opposite party.

We want to know the Procedure for closing the case as compromise because of long case time and what safety measures must be taken by us. Because we dont want any risk or cases in future.

---------------
Note: Please read the below details about the case.

Matter:
The Boy (Muslim) was student in 12th std. In the year 2003, the boy (Muslim) used to go to tuitions. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college. The Boy family background is good. His father is well respected Educationist and Mother is also Professor. The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.

During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends. The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her.

Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him. One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses.

The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her. Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma.

She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally (Still present he is a Muslim with his muslim name only). They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.

Later on, the Hindu Girl started blackmailing him. The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies. Now after some period of time that girl with her mother started blackmailing the boy's parents. This is how it happened.

Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. No religious conversion taken place on both sides.

** Now the Case,
1. After longtime, in 2006 the Girl Registered a Complaint in the Police station as 498A under DP Act.

2. She now in 2012 registered a Divorce Petition u/s 13 in Family court also.

3. She stated they are married as per Hindu Rituals. Photos in Temple taken. (But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority).

4. She filed Divorce Petition u/s 13 of HMA in Family court also now in 2012.

* * * * * * * * * * * * * * * * *
+++ Present Status:--

1) In the 498 case, this case is running still in the court. Now its in Statements, Further Steps.

2) In the Divorce case in Family court, we have submitted the Supreme Court decision that 'Inter-Religion Marriages are invalid under HMA'.
We have submitted Application under 151 to Dismiss the petition, has the case is not maintainable.

3) Hence, now Family Court ordered and Dismissed the Petition stating has "Not-Maintainable and Marriage between two is not valid".


* * * * * * * * * * * * * * * * *

Kindly requesting the Experts to give advice for the above query.

Thank you

Ramesh Kumar Pandey   10 December 2013 at 13:16

Gratuity payment

Dear sir,

My Father has work in renowned company and retire in 1994 with all perks including gratuity, after that the company re-appoint my father again and Pay all the salary as usual with ESI P.F. Deduction but recently the company want to release my father but denied to give him any gratuity & other perks can my father eligible for the same .

YAGNESH HASMUKH DAVE   10 December 2013 at 13:05

Property registraion

I HAVE BOOKED RESIDENTIAL FLAT IN 2012 FOR RS 15LAC WHILE UNDER COSNTRUCTION & NO AGREEMENT IS REGISTERED NOW THE MARKET VALUE OF THE FLAT IS RS 35LAC AS PER STAMPDUTY REGISTRATION SO THE AGREEMENT IF TO BE REGISTIRED NOW IN DEC 2013 THAN WHICH CONSIDERATION TO BE ADOPTED AND WHAT ARE TAX IMPLICATION IF REGISTERED FOR 15LAC ONLY PL EXPALIN BRIEFLY

fighting for my brother   10 December 2013 at 13:04

Can divorce case file even 498a is running

Hi Experts,

Please help
1- Divorce case can be filed if 498 case is filed..?( summon still not received,6 month passed till chargesheet submitted).

2-If ground is false 498 case etec...for divorce...then wat will be the arguments..did chargesheet saying no witness found is helpful for filing divorse.

YAGNESH HASMUKH DAVE   10 December 2013 at 13:02

Taxation

I HAVE BOOKED RESIDENTIAL FLAT IN 2012 FOR RS 15LAC WHILE UNDER COSNTRUCTION & NO AGREEMENT IS REGISTERED NOW THE MARKET VALUE OF THE FLAT IS RS 35LAC AS PER STAMPDUTY REGISTRATION SO THE AGREEMENT IF TO BE REGISTIRED NOW IN DEC 2013 THAN WHICH CONSIDERATION TO BE ADOPTED AND WHAT ARE TAX IMPLICATION IF REGISTERED FOR 15LAC ONLY PL EXPALIN BRIEFLY

Alpesh Makkampara   10 December 2013 at 12:55

498a

My wife has filed 498a case against me and my family. FIR has been registered. We all are on bail.As wife had taken all gold ornaments of our, when she had
left home. And made false allegation that we had taken all gold ornaments and keys of cup-board, also alleged that we had seized her stridhan and beaten her. We have notary in which she had accepted that she had taken all gold ornaments and key of cup-board with her.
They are also asking 20 lakh for divorce. Can file FIR for mental harassment and false allegation? can run from home and threaten them that i will commit suicide?

SAM   10 December 2013 at 12:50

Service tax applicability on reiumburusement of salary

Dear Sir's,

Reiumburusement of salary of staff deputed on site, is service tax applicable on same?

If the company issue a debit note, whether service tax is applicable?

Is TDS to be deducted?

Request Learned members to reply me at the earliest.

Thank you,

SAM   10 December 2013 at 12:38

Service tax on reiumbursement

Dear Sir's,

Reiumburusement of salary of staff deputed on site, is service tax applicable on same?

If the company issue a debit note, whether service tax is applicable?

Is TDS to be deducted?

Request Learned members to reply me at the earliest.

Thank you,

SAM

prawin yadav   10 December 2013 at 12:33

Delayed payment

D/sir,
I have been a recovery agent for a nationalised bank.i had a agreement which mentioned my scope of work and the commission payable to me.I was assigned few cases for recovery,and the cases were solved and recovery affected.the bank manager is not paying the commision saying that commision is too much,and that I have not done any work.i have registered my firm in DIC under Industrial Cosultancy category,can i avail the benefit of delayed payment act ?

Jagdish Aharwar   10 December 2013 at 11:58

Bail against 420

Brief history

Respected Sir,
My friend who was working continuing work for the Nation as a Informer for last 15 years. He got so many certificate from MP and Maharashtra for doing the well work for Nation. But Last week some Forests officers from MP alongwith my friend rad on a village by the information of my friend, and they went alongwith my friend but people of that village they binding all four officers and my friend and one officer of forest both leave in a other place. After three days when they leave from the village all officers launched against the case for 420 and 176 of IPC section to my friend and now he is on jail.
In this connection, how we can arrange the bail.