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private employee

HI,

This Site Really Helps Me Alot

Thanks For All Experts Who Given Advice.

I Got Married 2008 March. My Wife Left Home Without Any Intimation and she styaing with her parents from Last 6 Months.

3 Meets already happen between Myself and Her family Members [Her Father & Mother] But No Result.

I put my Issue in this WebSite..I got Advice From Expert to FIle Notice to Her

I send Notice but They Filed Case Against Me in Court Divroce later they put criminal case on  me 498..

But later Involvement of Polic CI..Both parties writeen aggrement to Pay Sum Amount....

We going to Pay 50% Initial then we both can apply Mutual Consent..

We are ready with 50% Cheque...Now She not Responding...

Please Help me In this issue, My QUestion is

-> After She Signed on Document and also she return back 498 Compliant case...Will She again having Authority to File Case ON Me..

How Do i Proceed Further..

 

thanks

 

 

 
Reply   
 

No . if she files a case u/s 498 A IPC after settlement , you may approach to high court under s. 482 Cr.PC

 
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practicing advocate

I agree with Dr., U meet the elders who were present at the time of settlement and convinced ur wife to file mutual divorce petition and get it referred to Lok Adalat, where in u  can both file compromise petition and in that petition u mention all the things and amount paid to wife.  Why I preferring lok adalat is because orders passed in LA cannot be challenged.

 
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private employee

HI Rajeev and Tripathi,

I am Very thankful to you..Actualy i want to give more clear information..

Its Oneside GameShow..CI called myself and my parents and He talk such a Rude manner...we jst stand as a Accuse even though we didn;t done any harm to her...

She Talk very Bad language in front of CI even CI didn;t take any action and he support GIRL Side Only...

 

Only finally CI made settlement for 4Lac...MySelf,MyFather and Mother, Mywife, her father and Mother...signed infront of CI..

but before she Filed Divorce Notice without my concern...

we ask time for 1st Payment [2 LAC] 10 Days time...now we got cheque and we ready to pay to her..

but when we ask hwer to come..she telling..she have job..no time..she will come after some time...

SO there is no elders..only my parents and her parents and my lawyer with CI only

Yes According to Mr.Rajeev advice we already mention in terms that first payment she must sign on Mutual COnsent...

If she make Late or postpone...then what action should i take..

can I directly go to LOK ADALAT...and file Case Agains Her..because why means...

She expect mroe money from my side But CI Settle price..

Is there any chance..that after she sign on that document...WILL SHE Go for Alternative to claim more money....

because she misuse 498...and also settlement for 4lacs she sign..now will she again

go to court and claim on me..more amount...

 

please kindly advice.,...

 

 

 
Reply   
 

The lady can refuse the settlement agreed before the C.I. on the ground as it is forced one on her, that too before a police officer.  Next, as long as she will not accept the consideration amount of Rs. 2 lakhs, she cannot be held a willing party to the settlement.  Hence, the Case under S.498-A stands as it is. 

 
Reply   
 

Yes. for a technical judge, the case will stil stand but for an equitable judge, now it will amount counter cruelty by wife against husband and it will provide scope to think for circumstances wherefor statutory law is biased and provides no remedy. thus in such circumstances a just judge should envoke his powers under s 482 in the ends of justice .

 
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private employee

hi Mr.Prabhakar, thanks for your answer.

.But the lady accept the amount..she herself given complaint on me becasue to make settlement..she taken one day time later she sign on document..to accept 4 Lac Sum...without force of anybody....

After Signing of Docment by reading of  Contents mention and also By her lawyer infront of all..

Is again she have powers to cancel that document and case against me...

then what is value for that Document?

 
Reply   
 

Whether she accepted Rs.2 lakhs or not is an important issue.  If cheque was offered and she had taken then also, the compromise agreement would not be completed until she encashes the cheque.

Courts would always be suspicious about the settlements reached before the police officers.

 
Reply   
 
private employee

Hi Prabhakar,

Then in such a case what kind of  measures do i take..

My father is heart patient...i dn;t want to put any pressure on my family..

what i do now...

 

 
Reply   
 
private employee

already She signed on aggrement with her parents signatrue and my paents signature..we are very respected family and middle class..the amount we paying..is only savings we made and gold we are sellling..now after paying 4lacs to her..again i have to back to Pavilion...Only thing is iam looking to settle this issue in a safe manne...No Surprises..Can you Guys do Help me..

 

 
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