498a
Sanjeev
(Querist) 05 March 2012
This query is : Resolved
I have come across a case wherein the 498a was quashed basis a settlement between the husband and wife the settlement deed had two points to be complied with first was that they would apply for mutual consent dovorce and second all the items belonging to wife should be returned. The articles were returned but mutual divorce was not applied as the wife backed out and asked for more money.
THE 498a was quashed by hc in between but divorce is pending. Now the lady has filed a affidavit in hc to recall the quash order as condition of mutual divorce is not complied alleging that husband is not signing and asking money.
I submitted a rejoinder on behalf of husband that he is ready to sign and he never asked for money. We approached the wife to file the same now but she did not respond to signing mutual divorce and is trying to get quash recalled for her motive to blackmail and extract more money.
What can be done to prevent recall and ensure she adhere to the earlier settlement. The quash petition details the settlement points.
Raj Kumar Makkad
(Expert) 05 March 2012
You should serve your wife with a notice to come present on a particular day, time and place to sign the MCD failing which it shall be presumed that she is not interested for MCD and is backing out.
If she do not turn accordingly, make this as a major point in her recall application. I am of the considered view that if your counsel presents the matter properly, there shall never be earlier order re-called rather a time bound prog shall be ensured to execute the partly executed settlement.
Sanjeev
(Querist) 05 March 2012
I am the counsel here to correct
Shonee Kapoor
(Expert) 06 March 2012
Ld. Mr. Makkad is right, in the HC itself the MCD petition can be signed to be presented on a specific date with the instruction to the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
