Upgrad LLM

498a case & mutual agreement & divorce


In one case of matrimonial dispute  a FIR under section 406/498A of IPC and sec 3 & 4 of dowry prohibition act have been filed with Police but before Investigation started a settlement arrived for Mutual divorce and cash payment for total marriage exp and dowry article and accordingly MOU entered in by both  parties under which 40% be paid on first motion and 40% at second motion and remaining 20% while quash of FIR at High court.

The girl based upon MOU withdraw the Domestic violence case from the court.

On first motion the boy as agreed in MOU have to return to the  girl , a booked  flat"s original booking paper to the girl but on lawyer persuation first motion allowed without  return of these agreed paper by boy but he paid 40% amount by draft in court and stated that paper are lost though he is having these and declare in court that he shall be cooperate to get the duplicate paper from builder on girl application ( girl booked flat in joint name with boy though all from her own fund)

now second motion petition be filed after six month

In MOU it is agreed that FIR quash petition in High court be filed by Boy at his own cost but girl shall cooperate

My query is that in how the Girl suppose to cooperate the boy for quash of FIR ?

Does she be requires to state that FIR wrongly filed though  FIR is file fully supported with evidences of Oral/documentary proof of committing offence by boy and his family members under given Non compoundable

offences ? is that not be a case of purjury against girl ? should she be required to present in High Court for quash the FIR ?  or sign the petition for quash of FIR? even after getting Divorce degree in second motion it is doubtfull that he will pay balance 20% at time of quash of FIR petition as agreed in MOU as he refused to return the Flat booking papers in first motion .

( Can a recovery suit in civil court be allowed for 20 % balance based upon MOU?

 Lawyer also have committed some mistake in MOU drafting and wrongly mentioned in MOU that all Streedhan and dowry article have been return while nothing is returned but in lieu of that money is given/being given as stated above 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x