498a vc divorce
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
498a complainant seeking to seeking OP(Divorce) withdrwal, otherwise the complainant continues to run the 498a case in lower court?
How do we proov that her intentions are with dictate the family court for withdrawl. On Contrary in FIR she lodged as 'additional dowry'.
Ajay Bansal
(Expert) 28 September 2011
What do you want ? Compromise or contest ?
Shonee Kapoor
(Expert) 28 September 2011
It is clear from the intent of the complainant that she wants to come back and co-habit with you.
What do you want? Decide based on that? Don't fear the trial of 498-a. The chances of convictions are pretty low.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 28 September 2011
I dont want to run around to police & courts in future for filmsy reasons & getting blackmailed through 498a.
How do I get commitment in the court from her?
Is it possible to get discharged through written commitment in final verdict.
Shastri J.K.
(Expert) 28 September 2011
If you don't want to run around to police & courts in future, u cntact with her and file Compromise petition.
Raj Kumar Makkad
(Expert) 28 September 2011
It is better to make a compromise before family court wherein your divorce petition is pending. Get entered this compromise there wherein it should be mentioned clearly that she shall also withdraw her case filed under section 498A IPC (read shall become hostile). Generally courts assist the couple to come to a compromise and all technicalities of all are removed for the betterment of disputing couple.
prabhakar singh
(Expert) 29 September 2011
But i bet such a compromise would be bad and not enforceable at law,attention is invited to sections 23
What considerations and objects are lawful, and what not
24
Agreements void, if consideration and objects unlawful in part
25
Agreement without consideration void, unless it is in writing and registered, or is a promise to compensation for something done, or is a promise to pay a debt barred by limitation law
26
Agreement in restraint of marriage void
27
Agreement in restraint of trade void
28
Agreements in restraint of legal proceedings void
29
Agreement void for uncertainty
30
Agreements by way of wager, void
AND IN PARTICULAR TO SECTION 28 OF INDIAN CONTRACT WHO ARE UNDER OATH TO OPPOSE THIS OPINION.
ONE CAN PRACTICALLY GO HOSTILE IN COURT IN 498A ,EVEN COURTS ALLOW IT TO HAPPEN,BUT CAN NOT BE A MATER OF ANY RECORD IN WRITING.
THE FAMILY COURT IS NOT EXPECTED TO RECORD SUCH A COMPROMISE ,EVEN BY SOME DEFAULT ,IT RECORDS,IT WOULD NOT BE ENFORCEABLE IF SOME BETRAYAL IS PLAYED BY WIFE@@@ NAA KHUDA HI MILE NAA BISALE SANAM ,NA IDHAR K RAHE NAA UDHER K RAHE@@@@
