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false 498A - DP3 -4

(Querist) 16 September 2009 This query is : Resolved 
Dear All,

My wife has filed a false 498A DP 3/4 against me and my family, Self, Father and two sisters.

One sister is mentally ill from past 12 yrs. (treated in govt hospital)

Father is senior citizen.

THEY HAVE CALLED FOR COMPROMISE AND APOLOGISED AND ARE ASKING US TO STAY WITH OUR KID IN A SEPERATE HOUSE. AND THEY WILL WITHDRAW THE CASE WHEN IT COMES TO EVIDENCE.

WHAT LEGAL PROCEDUR SHOULD WE FOLLOW IN SELF & FAMILY INTREST AND START LIVING WITH HER.

OR

WHAT IS THE OTHER ALTERNATE I NEED TO THINK AND DO???

KINDLY ADVISE AT THE EARLIEST.riven
Legal Fighter (Expert) 16 September 2009
My call would be not to start living together till the time case is got quashed from High Court. Rest it would also be dependent upon the facts and circumstances of your case and your personal priorities as well. Decide wisely and don't make any decision which gives you benefit in short term but put u in more troubles for long run.riven
PJANARDHANA REDDY (Expert) 16 September 2009
MANISH JI FAMILY MATTERS MUST BE DEALT PATIENTLY, AS U SUGGESTED-DONT LOOK FOR SHORT TERM SETTLEMENTS,MEET FAMILY COUNSELOR CUM FAMILY ADVOCATEriven
PARTHA P BORBORA (Expert) 16 September 2009
U SHOULD GO FOR A COMPROMISE IF POSSIBLE. QUASH PETITIONS ALLOWED PURELY ON MARIT. SO UR CASE MAY NOT BE QUASHED. MOREOVER AS A CASE U/S 498 A IS NON COMPOUNDABLE U MUST WAIT TILL EVIDENCE OF UR WIFE RECORDED.IF SHE DIPOSED THAT THE CASE IS COMPROMISED THE COURT MAY AQUITE U AND OTHERS FROM THE CASE. SO IF POSSIBLE COMPROMISE THE CASE IF POSSIBLE. THERE ARE A LOT OF EXAMPLES THAT EVEN AFTER A CASE FILED AND THEREAFTER COMPROMISE, STARTS A NEW AND HAPPY CONJUGAL LIFE.riven
Adinath@Avinash Patil (Expert) 16 September 2009
First you finalise the compermise condition between you and your wife,if you agreed the compermie condition by oral,you can ask your wife to depose in examination in chief before court regarding compermise if she depose the same, and if court aquite you then you compermise as you desire and start happy conjgal life.riven
Kiran Kumar (Expert) 16 September 2009
the best option is to settle the matter peacefully.

one has to make few compromises in life, if she is apologising then accept her apology and start a new life.

litigation will cost u both both in terms of money and health....stigmas attached with such disputes last for a longer time.

make a written compromise and immediately file a quashing petition under S.482 Cr.P.C before the concerned High Court and for any civil litgation let it be withdrawn unconditionally.

dont look for other disputing alternative :-)riven
Sarvesh Kumar Sharma Advocate (Expert) 17 September 2009
go to the high court and knock the door, i m sure remedy will be their and waiting fou u.riven
yaseen (Querist) 17 September 2009
I am really Thank full for your all advise, If any one can mail the draft a compromise terms without any loop holes in our favour and mail me it will be really great (How exactly the agreement will be and how it has to be executed).
riven
Somnath mukherjee (Expert) 17 September 2009
First you have to finalise the compromise and you should sign a MOU then you compromise the case by giving a evidence either in the dock or in the examination in chip then the court will aquited you.riven


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