Writ 498a quash -

Querist : Anonymous (Querist) 17 January 2012 This query is : Resolved
I had filed a 498A Quash in HC - Allahabad which referred the case for Mediation granting interim relief by way of 'Stay of Arrest' to the petitioners untill Mediation results come to the court.

In mediation a agreement was reached between the Husband wife :

1. That they would apply for MC divorce on a specific date.
2. The Husband return all the belongings and some compensation.

The second condition was completed but the MC was not applied due to some misunderstanding.

The wife approached HC with a affidavit to not to Quash as mediation though succeeded was not complied with.

But when the case was listed her lawyers name did not appear in cause list and the case was quashed basis the mediation report. The facts that she had put through a affidavit didnt got heard.

Now her lawyer applied recall of order - stating the reason as non publication of his name in the list which is a valid ground.

Quests:
1. what is possible outcome on listing of recall petition can the Quash be withdrawn.
2. Husband filed a affidavit (rejoinder) that he is ready to sign MCD and he wasnt responsible for not signing on specified date.

Does that mean that case Quash would be withdrawn and case may begin again?

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ajay sethi (Expert) 17 January 2012
if husband is ready to sign mutual consent for divorce in compliance with agreement in meditation the court will not set aside order of quashing

Raj Kumar Makkad (Expert) 17 January 2012
1. Yes. it can be recalled and fresh order may be pronounced.

2. In that situation, no reliance shall be put over your affidavit rather you shall be hold responsible for defying the agreement arrived at before mediation centre.

Rajeev Kumar (Expert) 17 January 2012
Agree with sethi

Shonee Kapoor (Expert) 17 January 2012
Nothing left to add.

Regards,

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

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