Re-498/dv/125
Querist :
Anonymous
(Querist) 17 January 2018
This query is : Resolved
Dear Sir
Needed an advice on below
marriage date : 24.04.11
1 child : 5 years old
My in laws have 2 daughters : elder one married to me & younger one married & divorced by mutual consent
1) Jan 2015 my wife left , Oct 2015 i filed for section 13 divorce case,she tried for 498a fir but could not happen as case was already in court & i have given written intimation in mahila thana,
june 2016 we did a compromise legally in court & in mediation centre on all legal papers that my wife in future will not blame my parents
2) from july 2016 - oct 2016 she stayed with me in gurgaon, nov 16 she left & didnt come back
3) march 2017 by political approach as my father is law is too property lawyer, my wife filed 498a fir in mahila thana & unfortunately fir was registered, simultaneoulsy she file dv & 125 in court
4) case filed on me, my parents, & bhaiya bhabhi
5) we all got bail in 1st day, as said my in laws are bit politically sound & her lawyer is big shot, withing 3 months court has ordered interim too for 15000
6) we applied for high court for fir quash & we got stay orders in same instead of for quash
Now its very clear my in laws & my wife just filed case to threaten us, my wife didnt want divorce & i too dont want to continue this case very long so anyhow i convinced my father in law & my wife
1) both dv & 125 case has been settled, we did one simple joint agreemnt, & my wife has given affidavit & vyan in court for finishing the case & both the case are finished
2) now major is 498a where we have stay orders from high court, we need to finish this case, now in this case my wife is not signing on affidavit , she is asking first you give some gold which is lying with us
My only question is that how we can settle on 498a, does her affidavit required or can we settle the case on ourself by submitting certify copies of both the case & earlier agreements too
Ms.Usha Kapoor
(Expert) 18 January 2018
On the basis of certified copies of both sides and earlier agreements you can settle 498 A case. No need to file any fresh documents.
Vijay Raj Mahajan
(Expert) 18 January 2018
Move IA in the High Court wherein attach all certified copies of all documents with regard to settlement of the different cases between parties and request that the Court to quash the FIR and all proceedings against you and other family member after a general compromise has reached between both parties. The High Court will serve your wife with the notice and copy of IA to reply. If she appears and reply, agreeing to the compromise the High Court will quash the FIR and related proceedings even if she fails to appear and reply the IA, the High Court may on your submission quash FIR and dismiss all proceedings against you all relating to it.
You can after all this file for divorce against your wife on the ground of cruelty, if she is not agreeing for divorce by mutual consent.
Querist :
Anonymous
(Querist) 18 January 2018
Thanks Mahajan Sir
Need more advice on this
1) What is IA application, does it has any special format to apply in HC
2) We have already got certify copies of judgements made in DV case & 125 case,, both case has been closed
3) We have got early certify copies of the earlier case
4) Too i have got a original copy written by father in law that they will never interfere in any of the dispute between me & my wife & will not financially support her daughter
Now in HC next date is in march, can we apply early or documents need to be submitted on that date
Vijay Raj Mahajan
(Expert) 18 January 2018
Ask you lawyer in High Court to move Interim Application in the matter for early hearing wherein all these documents can be placed for getting the FIR quashed.
Dr J C Vashista
(Expert) 19 January 2018
If you are really concerned for grant of an obligation of FREE legal advise from experts on this platform you will have to disclose your identity, however, "ANONYMOUS" author like you, are not entertained.
