Not withdrawing 498 a and dv case after agreeing for settlement
youngbro
(Querist) 05 March 2014
This query is : Resolved
Respected Lawyers,
We are going thru this trauma for past 2 years now, we took involved the community leaders and tried to resolve the issues, the girl ;s family did not agree and wanted 8 lakhs as compensation, so we agreed, and her lawyers is saying that he is working on draft, but not sending it to us.
Without any mistake we had financial loss of 12 lakhs so far, the girl has 2 unmarried sisters and a brother , the wicked girl is trying to get max amount to fund her sister's marriage and get her brother in some medical, she confessed to it orally, but unfortunately we do not have proof.
My heart pains to see my parents & brother go thru this hell, he had already changed 3 jobs, and now she is not withdrawing the case, or appearing in court, her lawyer comes to court on her behalf, but my brother needs to take a dayoff and go .which is very risky. I am also a girl, cannot imagine, how her heart is so rigid.. this law is ridiculous and making innocent suffer due to greedy girls who want easy money
Question:- can we appeal to the court to dismiss the cases, as she and her wicked family agreed to settlement? we have a phone recording where she said that she need divorce that 's why filed false cases
youngbro
(Querist) 05 March 2014
can someone please reply
youngbro
(Querist) 06 March 2014
experts please advice
ajay sethi
(Expert) 06 March 2014
you have to contest case on merits . your brother can make an application for exemption from personal appearance under section 205 until further orders .
498A case cannot be dismissed merely because you have agreed to a settlement . till date no money has been paid . if settlement arrived at you can move HC for quashing of complaint
Biswanath Roy
(Expert) 06 March 2014
My advice is mediation by the local influential community people in the matter aqnd to record the same upon a non-judicial stamp paper as mutual agreement viz., SOLEH NAMAH SO THAT NON-PERFORMANCE OF SUCH AGREEMENT CAN BE ACCEPTED BY THE COURT OF LAW.
By an application your brother can be exempted from attending the court date to date and can appear through his lawyer.
T. Kalaiselvan, Advocate
(Expert) 06 March 2014
Firstly engage a lawyer and give instructions to him properly abut the case and representations to be made on your behalf during your absence. In the meantime, you can also ask him to file a petition u/s 205 to dispense with your personal appearance in the case owing t your employment commitments. In 498a case, the defacto complainant need not appear before the court for each and every hearing because it is state case to be prosecuted through Asst. pub prosecutor.
a mediation whether through court or outside the court will fetch some respite to the ongoing problem, try to arrange one involving some elders from both the side.
V R SHROFF
(Expert) 07 March 2014
u hv no choice. Defend yourself, ger 205 exemption, fight engaging Lawyer.
Fully agree that Law is bad.
498 do not help either party. It only break heart and houses, and send senior/ parents behind bar for no fault on their side.
Wjhen we are ruled by such mindless politicians, our law makers are certainly not prudent persons, as far as Family Laws are concerned.
And in criminal law, administration of justice in hands of greedy corrupted money minded persons, who do not care for justice.
Sorry State in India...
youngbro
(Querist) 07 March 2014
Thanks all.
Shroffji - Very true , this law is created just for women votebank, this is very sensitive issue, I m not sure if the true victims are getting justice but for sure, the greedy girls are misusing this section for easy money.
I live in US, and I can say that with 100 % confidence common women(not celebrities) over here are much decent ,truthful than girls who are filing these false cases in India, when they want to copy western women, why not look their good side. Young men please be aware of the girl working in IT sector in India, they are full of ego and proud.
Biswanath Roy
(Expert) 07 March 2014
We cannot blame law or the necessity of making enactments to protect or save real sufferers or victims. Mentality of misusing law is the real malady those are causing hindrances to get proper justice by application of law.
