Terms of Settlment of IPCT 498A and Divorce
Victimof498aa
(Querist) 29 December 2009
This query is : Resolved
Hi! I am an Indian student from Brisbane, Australia. I was married to a completely unknown girl from my community in December 2006, which was our 4th meeting in the life. We stayed together for 8 days. I came back to Australia for my studies. My wife refused to come along with me to Australia and started living with her parents. For more than a year I tried to contact her but no luck! Finally, I sent her divorce notice in April 2008. She filed 498A with false complaints in June 2008. Now in December 2009 they want settlement. Their lawyer has sent Memorandum of Understanding (MoU) with a demand of Rs. 4 lacs. We are willing to pay and get rid off them. What should be terms of our settlement?
Raj Kumar Makkad
(Expert) 29 December 2009
It shall be better if you mention here the terms of MOU sent by the lawyer of your wife before we may comment.
Victimof498aa
(Querist) 29 December 2009
Dear Sir,
Thanks for your reply.
I have asked my sister to scan the MoU given by my in-laws and email it to me. I will get it by tomorrow.
Meanwhile, could you please guide me and my helpless family for the following queries:
1. Can we include IPC 498A clause in Memorandum of Understanding (MoU) settlement? Does 498A get nullified through MoU?
2. Do I have to visit India for resolving 498A?
3. After signing MoU, can in-laws go back on their words and break MoU?
4. After getting divorce how much valid is 498A?
We appreciate your expertise!
- A victim of 498A
Binod Kumar Mishra
(Expert) 29 December 2009
Dear friend i am replying to your queries in serial number wise:-
01. no, you may mentioed that both parties will called of their case from respective courts. as far as 498-A is concerned, it is a criminal case and the state is also one party in this so neither you nor your wife or complainant can withdraw the case. yes on the basis of compromise you can move to High Court to quash the case.
02.better to stay away from India because once you land in India trouble will come to you automatically.
03. yes they can break the MOU.
04. yes after getting divorce the validity of 498 will come down but the ingredient of 498 will over only when the High court will quash the proceedings.
if you need any further help you may send me PM and i will reply back.
Ajay Bansal
(Expert) 30 December 2009
YOU CAN GO TO HIGH COURT THROUGH YOUR LAWYER,WITHOUT COMMING TO INDIA, ON BASIS OF SAID MOU.YOU MAY GET THE RELIEF.
