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break (housewife)     04 August 2011

498a - Lok-Adalat

I filed 498A against husband who is on abroad and also his family members .My husband is not willing to come to India.His family members got AB.They are saying that They offer 6 lac to the mediator on previous day of adjournment and I need to say to court that we compromise and 498A should refered to Lok Adalat.My question is:

What are the drawbacks for me if i say so?

What if my husband contest for divorce?

can i go back again from Lok Adalat to criminal court?

How long does it takes in lok adalat?

And Please suggest me what remedies they can take on this step to save themselves?


 8 Replies

Shishir (Manager - Business MIS)     04 August 2011

Define your motive clearly and then decide the next course of action. You can even think of more IPCs to file against your inlaws.....

Adv. Chandrasekhar (Advocate)     04 August 2011

I am a little bit confused about your divorce related querry.

Now, I will explain how the things will go on for you from hereafter.

If you say, on the next date, in the mediation that you are ready to receive Rs.6 lakhs and withdraw Section 498-A case, there is a counter demand from their side, which they put it on the next date.  Their demand will be that you (1) withdraw Section 498-A case (2) never file any criminal and civil case against them.  (3)  You will agree for mutual consent divorce (MCD) and you sign on the MCD petition and appear in that court as many times as required till the divorce is granted. (4)  You will not seek or file any maintenance case under the existing law or any law to be made in future or ask any amount in any name under the pretext of rising price index, your poverty or unforeseen medical expenses etc. (5)  You will appear in High Court for withdrawing Section 498-A case and finally, the agreed amount of Rs.6 lakhs will be paid only after withdrawal of Section 498-A case and at the time of obtaining MCD decree.  If there are children, their custody question also will be raised.  If you accept for all these, then you can move forward.

Your next doubt is that in mediation if you say that you are willing to receive Rs.6 lakhs for withdrawing Section 498-A case and after that if the settlement may not be reached for any reason, whether it will effect your Section 498-A case on merits?  The answer is no.  Whatever you say in mediation is limited to mediation and it cannot effect the case on merits and the judge will not take into consideration of whatever happened, if the mediation fails.   

break (housewife)     04 August 2011

My motive is not to withdraw the 498a case .It must go hand in hand .It only withdraws only after divorce.My husband is not willing to come to India.They are saying me to file single petition and go for expartee.They are willing to present 6 lacs to the mediator and after that i should say to court that in 498a case ,we both parties compromised and ask the judge to refer the case to lok adalat.

My question is Lok adalat means husband should attend right?cannot I file single?It gets close by 3 months.

If I say so to the court ,what if they contest for divorce when i apply for single petion?

How should I trust the mediator for money?

what steps I can take now and also be on boys side,and say what steps they might take o save themselves from 498A?

What if I file maintenance petition ?shall I get more than 6 lacs.?My husband has no property under his name.,but he is earning since 2004 yearly pay is 110,000$.How much can I get depending on that.I dont have children.

Please do reply.


'house' break housewife. wah kya baat hai.

pujols20 (Techie)     07 August 2011


Take a break :-)

How much are you earning ? Are you educated or illiterate ? I dont think you are jobless, if you are, then try to find a suitable job for your qualification. Dont rely on your husband to bear you.

It looks like your only motive is to make money by filing false cases on your innocent husband and his family. You should have involved some mediators and settled for reasonable amount before filing  cases. Do you know what goes on in the mind of innocent people when irresposible people file false cases ? Filing false cases to extort money is illegal. Your husband can take strong action against you and other witnesses for false cases, giving false evidences etc.

It is not too late, immediately approach your huband thru mediators and get it settled , for whatever conditions your husband puts and take back the false cases.

Female Activist (housewife)     11 August 2011

y should she take a break. she had problems in her marriage, y do husband get away by paying just 6 lac, when he is earning 40 lac a year. fight fight fight, they should give u 60 lac b4 u withdraw case.

the problem is that on internet v r less no of female & male make stories which are big and many big false story give impression that law is misused.

fightback gals and get ur share

Adv. Chandrasekhar (Advocate)     12 August 2011

The need of the hour is you have to engage a good, sincere and honest advocate to defend your interests.  You are totally confused as far as procedural law of matrimonial disputes and Section 498-A.  Without going into detail, I say that if you file divorce petition and if you get ex-parte decree, on some other later date your husband can come and challenge the order by saying that he has not received the divorce case notice.  That is why,his parents are telling that they will pay Rs.6 lakhs to mediator.  You are right, how can you rely on mediator?  If it is paid in case it may not reach you.  If it is a bank draft and there is no corresponding written agreement showing why the bank draft is made, the bank draft may not reach you and it can be handed back to the makers of the bank draft and they can cancel and encash it.  On their part every thing is fishy.

Now, regarding Section 498-A.  It cannot be withdrawn in mediation even by you.  The husband has to file a quash petition in high court and there you have to give your statement that without any pressure you are withdrawing the complaint.  then only section 498-A case can be quashed.

You can file a case under Section 125 Cr.P.C. if you are not earning and suitable maintenance will be awarded to you and within two to three years, that amount will be more than Rs.6 lakhs.

Engage a good advocate to protect your interests as the opposite party appears to be cunning. 


Just be clear what are you after ..... if you will continue with the cases , i am pretty sure you arer not gonna get much unless you prove your allegations beyond any reasonable doubt .... you cannot do anything except for a bit of harassment for others for which you have to get harassed as well ......... May god give you brains

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