498a quashed in hc. can it be recalled ?
Harassedby498a
(Querist) 23 October 2013
This query is : Resolved
I am victim of 498A currently in USA. My wife filed 498A on me, my parents , sister and brother in March 2011.
The MC and DVC cases are in the lower courts.
Based on the mutual agreement in march 2013 happened at the house of wife side lawyer, we agreed to pay 15 lakhs once the 498A, MC and DVC cases are quashed.
The Lawyer told he will apply for Exparte divorce.
We also provided a blank check for the same amount and told that we will provide the DD for 15 lakhs once all the cases are lifted.
My 498A was quashed in the High court of AP in June 2013. After that lawyer called my parents and demanded half of the money to lift all other cases.
we said we have an agreement and we will pay the amount once all the cases are lifted.
Even the ExParte divorce case came to trail in the lower court for 4 times, they have not attended the court and so the judge cancelled the case.
Now the lawyer is saying that the wife parents are not believing us and demanding to give DD for 15 lakhs and place it with mediators. Also threatening that they will Recall the 498A if we don't give the DD.
My Questions:
1) Can the quashed 498A will be recalled?
If it is recalled can we get any information or notices regarding the same.
2) I have plans to travel to india next month, Am I need to take any precautions for my travel ?
3) I am ready to clear all these cases as per the agreement but the lawyer is saying they are not trusting us. So is there a way that we can approach the court to settle all these matters ?
Devajyoti Barman
(Expert) 24 October 2013
1, No
2,No need
3.Stick to what has been mentioned in the mutual agreement.
There is something more than what meets the eye. You better come to India and take stock of the situation. In the ven of quashing of 498A case there is nothing which can remotely be there to put you in a spot of bother.
Harassedby498a
(Querist) 24 October 2013
Thank you All for your valuable suggestions.
Sarvesh Kumar Sharma Advocate
(Expert) 24 October 2013
