498 a case complication

Sur (Querist) 09 July 2012 This query is : Resolved
Hello sir,
I got married in 2008 and things went wrong from the very first day. I approached the court for Divorce ( anullment of marriage ) to which my wife filed a 498 A in her home town. She attended a couple of times only when the case was to be decided in my favor. After much discussions it was decided by mutual consent that she would not be attending the case and would allow the court to conclude the case in my favor. As part of the agreement i was to pay her permanent alimony and she was to withdraw the 498 A case againt me. The agreement also stated that I would be paying her half the amount and then she would be withdrawing the cases upon which i would be paying the remaining amount to her in court. I paid the first part to her in court and after that she has disappeared. She is not responding to any court summons nor is she closing the case. In this situation what should i be doing ? Its been nearly 3 years and no conclusion except attending the court for hearing only to know that the case is postponed to another date. Please help

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Sur (Querist) 09 July 2012
I approached the HC lawyer, and asked him any method i could it get resolved to which he replies she has to come to the court to tell that she has no objection in getting the case closed. This is what i do not understand. So does it mean until she doesnt come , the case would go on ? One point he mentions that the HC wouldnt quash the case since she hasnt got her entire amount of alimony and my say is that i am ready to pay but she is not willing to come and attend the court nor close the case.

Kiran Kumar (Expert) 09 July 2012
keeping in view the facts and circumstances of the case, you may file a quashing petition on merits as well.

you have got good grounds to file quashing petition.

Adv.R.P.Chugh (Expert) 09 July 2012
Various High Courts have in a number of decisions have quashed the proceedings where women have backed out after receiving a substantial amount of full and final settlement. In recent case by Delhi High Court - the Court even went to the extent of initiating contempt proceedings against a wife who after receiving amount and giving an undertaking to the court - did a complete somersault and backed out. Go in for a quashing relying on such decisions for you've got nothing to lose my friend but PURE UNBRIDLED FREEDOM to earn.

Sur (Querist) 09 July 2012
Thank you very much, can you please give me some references

ashutosh mishra (Expert) 09 July 2012
For which state references are desired?

ashutosh mishra (Expert) 09 July 2012
If desired for UP you may visit chamber of Mr.Govind Krishna advocate High court of Allahabad,baghambari gaddi near pani ki tanki opposite to malvia ex minister .

Sur (Querist) 10 July 2012
Thank you Ashutosh. My case is in Andhra Pradesh. So any examples of similar kind are most welcome. Also could you recommend any lawyer from Hyderabad who could take care of my case.