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Bhnau Prakash (mgr)     26 April 2013

Awife want to compromise for mcd and alimony after filing fa

wife want o compromise for MCD and alimony after filing false 498a and DV cases.

it looks like a settlement racket rather than a compromise for good.

they put false cases and now they want to compromise for MCD and alimony.

i did not file any any cases as till date.

please advise. what should be done as i don't want to give divorce or money?


 9 Replies

ashoksrivastava (scientist)     26 April 2013

If you can win RCR decree against her you can avoid both divorce and maint. regards ASHOK

ADV S PATHAK (lawyer)     26 April 2013

for not giving divorce >>>>>>>>>> fight the cases against you.

but you will have to pay maintanance per month ordered by the honb'l court as she is your wife.

by this you will not give the lumpsum money as to be setteled in mutual concent divorce. 

she will wait every month for you to deposite money.

one more thing you and she will not be able to marry again untill decree of divorce is obtained.



1 Like

ADV S PATHAK (lawyer)     26 April 2013

ASHOK JI according to my experience there is no use of filing RCR once 498a and dv are filed against the husband.

Tajobsindia (Senior Partner )     26 April 2013

Option 1:
Hire services of an Advocate and contest both cases to their logical end and as an when opportunity strikes opt for MCD as per your terms.

Option 2:
Seek Chamber advice from a seasoned criminal law practicing advocate on probable outcome of colly. alleged paras in both case matters and delay MCD if you can financially afford such delays.



Originally posted by : Bhnau Prakash

wife want o compromise for MCD and alimony after filing false 498a and DV cases.

it looks like a settlement racket rather than a compromise for good.

they put false cases and now they want to compromise for MCD and alimony.

i did not file any any cases as till date.

please advise. what should be done as i don't want to give divorce or money?


It is foolish on your part to say that you dont want to give divorce, perhaps its your take, perhaps you love your wife, but after she filing false cases against you, is it really worth not letting her go?


Yes it is, either they ask money first and put false cases later so that under pressure you will cough up money.


They put false cases, and build pressure on you that you pay money to her to withdraw the cases.

Eitherways you have understood the situation very correctly.

It is of course a settlement racquet.

Now that the Good God has given her brains to go for MCD, you should thank God and your stars that your lovely has asked for agreeing to MCD.

Agree for MCD, get divorce.  And about money part, just wait and watch as your lovely seems to be in a hurry to get married again, in such case dont pay her a single penny.  Let her take divorce and go.

Goutam Prasad (Advocate)     27 April 2013

Dear Mr. Bhanu,

This is normal trend now a days. Actually it is one kind of pressure making tact for bargaining with you for bigger permanent alimony.

If you are not in hurry for divorce and not want to loose much amount in PA, you should file some counter cases to make her equally pressurized. Some of them may include section 9 petition, tax evasion cases etc.

In case there would be pressure from your side too, and she gets learnt that you are not in hurry for divorce, she will agree to withdraw her complaint and settle for mutual consent divorce with low PA. For that you need good advocate.


Goutam Prasad


Supreme Court of India


Mob: 9810753838

1 Like

Bhnau Prakash (mgr)     27 April 2013

Dear Sir,
Thank you for the reply.
I want to put my case in more detail for more valuable advise.
  • Married in 2007.
  • No children blessed.
  • Lived happily away from parents home for 4 and 1/2 yrs near to in-laws home and near to our work place.
  • Later for a change we came back to my parents home in mid 2011 and i don't want my wife to get influenced by my in-laws vicious thoughts.
  • Misunderstanding, miscommunication and manipulation started from my in-laws as they want us to stay away from my parents and family.
  • Wife left to her parents home on May 2012.
  • More miscommunication and manipulations started.
  • Started to put false allegations on me by my in-laws.
  • Then started with threatening calls to my parents from a third person.
  • when questioned they say its not done by them.
  • discussions failed as they don't accept their mistakes.
Tried to talk to my wife - 1000 calls and msgs but no reply. neither my in-laws let us meet.
 Thought it will be settled slowly. But.
  • First 498a was filed in Nov 2012.Charge sheet not yet prepared.
  • Me along with my parents and sister and BI are included in FIR.
    • Allegations:
      • Married her because of her salary.
      • Dowry demanded.
      • Caused injury to her along with my parents and my sister and brother in law.
      • Took entire salary and gave her money just for bus charges.
      • Every day drank and beat her.
      • Blackmailed her and beat her and took all her jewellery and kicked her out of home.
  • Second in Jan 2013 filed a DV.
  • Me and My parents are the respondents.
    • Same allegations as in 498a. the same copy paste statement.
    • DIR statement has that we lived near to her parents home from may 2007 till may 2012( time she left me).
  • Attended DV court in Feb 2012.Wife absent.
  • Next date attended DV court in March 2013- wife attends and say she want to compromise for MCD.
  • what are the Steps to be taken in the note of compromise as they themselves came and want to compromise?
  • As all are false complaints and now they want to get compromise for divorce. Since they don't want to contest and get into legal proceedings and time taking proceedings.
  •  Couple of false cases by the third person(family friend of my in-laws), who is in terms with police.
Since i stood strong against them and false cases. They want to compromise.
  • now they came with a new allegation - TRUST.
Opp party want Compromise for MCD and Alimony and also heard that my wife will not be the part of compromise discussion.
I don't get how can someone advise them to file 498a first, then DV and later want to compromise and settle the matter for money. It clearly shows a extortion.
Frankly speaking i don't want to give divorce and want to contest the case.
Since My Parents Sister and BIL are included in FIR. How can i get them discharged from both the cases. So that i can contest all alone.
For which i need a valuable advise. As it looks like a settlement racket.
Thanks and Best Regards.
Bhanu Prakash

Bhnau Prakash (mgr)     27 April 2013

Duration of marriage till date 6 yrs. no children blessed. My wife has done her P.G.

she is working in an MNC.

i don't want to give divorce, not to delay the cases. its only to show them that how painful it will be to go to police stations and courts and the harrassment that me and my family faced. it costed me job, money etc.

a person whom i trusted and loved backstabbed me on advice of her parents and by their vicous thoughts.

498a chargesheet no ready. DV proceedings are going on.

since she can't attened the court, she and her family want to compromise for MCD and money.

SatyaMev Jayte (Common Man)     27 April 2013

Hi Bhanu,

"Eye for an eye will make the whole world blind". I think d only only logical solution is amicable separation, so dere's nothing wrong in MCD after all d cases on u were withdrawn / quashed.

But don't give in to any of there unjustified demands including alimony, as it's indirectly promoting filing of such false cases.

Trust the heavens, they surely will pay 4 dere sins.


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