Dowry case section 498a

Querist : Anonymous (Querist) 07 January 2012 This query is : Resolved
Dear Sir/Madam,
My brother lives in Saudi Arabia and did not come to India as his passport is with his sponsor and he is not allowing him to come to India. My sister in law filed a dowry case against him, me, my sister and my daughters. We belong to a good muslim family.
My sister in law lives with her mother in her mothers house and does not live in the ancestral house of my parents. She left the house within 2 months from the exit of my brother to Saudi Arabia. My parents have been expired long back so we got him married and we are not involved in his personal life and don't stay there. But she filed a case and called us there and when we went there she said to sign an agreement and agree to her terms otherwise she will send us on remand. So i signed as per the agreement he has to give her 4 lakhs compensation within 15 days and divorce her.
I wanted to know if anything could be done to avoid all this as we cant give such a huge amount.
thank you

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Raj Kumar Makkad (Expert) 07 January 2012
The agreement made on your side is not binding force for your brother as after all divorce has to be given by him and not by either of you.

You all may refuse to adhere to because your brother has refused to provide such huge amount and to take divorce.

Let your sister in law take further action.

ajay sethi (Expert) 07 January 2012
you shuld always consult a lawyer before signing any documents . you will end up saving lot of money and time running around courts . how can you agree on your brother behalf that he will divorce his wife within 15 days ?

staement was made by you under coercion under her threats and is not binding upon your brother . fiht it out

Sushil Sharma (Expert) 07 January 2012
agreed with makkad and sethi sir.

Devajyoti Barman (Expert) 07 January 2012
First of all you have done a great mistake by agreeing to such demands and that too by writing.
Anyway it is not too late. The dowry case is no foolproof legal action that there is no defence against it.

First apply for anticipatory bail getting og which should not be a difficulty.

Once bail is granted half the battle is won.
Now the husband can remained absconded and when the charge sheet if filed , he can come and get the bail. Thereafter it is only a prolonged affair without making material change.

Nadeem Qureshi (Expert) 07 January 2012
Dear Querist
this agreement is neither binding upon you nor your brother, now you can file a complaint against her for extortion of money and give threat for filling false cases against you and your family.
feel free to call

Sanjeev (Expert) 07 January 2012
If 498A has been registered than you would need to first seek bail as you may all get arrested.

Shonee Kapoor (Expert) 08 January 2012
This agreement is not enforceable in law.

Parties are free to seek their respective remedies.

Regards,

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

Raj Kumar Makkad (Expert) 08 January 2012
You and your brother all are free from following the mentioned agreement/undertaking.

prabhakar singh (Expert) 08 January 2012
"So i signed as per the agreement he has to give her 4 lakhs compensation within 15 days and divorce her."
This is invalid agreement.

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