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498a settlement query ... plz help

Page no : 2

Avinash (Engineer)     19 July 2013

@ Rajaramana - My lawyer took care of all such things, he just told me to attend court for my 1st hearing, but unfortunately since judge was absent, charge could not be filed.

Meanwhile, we have currently decided to file MCD before the courts and she has agreed to turn hostile in both cases(as we are heading towards compromise). My question to everyone here is 'Is it possible to close MC(Maintainence case) first and later come to 498a for closure' ?  We have agreed for full one time alimony amount. I am not sure when to give this ??  What are the steps i need to take so that i am safe from any injuries in future... Adv Archana and others, can you please help me on this ? 

@  Shonee kapoor - Regarding HC Quashing, i checked with PP and few lawyers there, they told me its possible to dismiss in lower courts, provided she and one of her parents turn hostile... I hope this is true..

Additionally, i have asked them to prepare a MOU so that they cannot retract their statements regarding taking back both cases..

Please help me let me know the procedure to proceed further without having any issues in the future.

 

Regards,

Avinash.

 

 

 

 

 

Divya (nil)     22 July 2013

498A can be compunded by LOCAL COURTS...No need to goto HIGH COURT...

 

Have given below 2 decisions on same as magistrates have liberty if matrimonail disputes have to be settled.

 

        The Hon’ble Bombay High Court (Aurangabad Bench) in “Bhavika Potdar vs. Manoj Narendra Sonar & Anr.  dated 21st June 2010” and the Hon’ble Bombay High Court in “State of Maharashtra vs Madhu Bhisham Bhatia & ors. dated 16th February 2004” – have principled that “A Magistrate court can compound 498A criminal matters if parties have compromised - as all courts have a duty to encourage genuine settlement of matrimonial disputes.”

Divya (nil)     22 July 2013

further to my reply, either the girl & her family make an MOU or she can make an affidavit too....But stick to MOU & the decision which supports filing of an MOU so that judges dont impose other conditions.

Sudhir Kumar, Advocate (Advocate)     22 July 2013

if got shows kindness on you then avail it.


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