Sarbjeet Seth (Maanger) 03 May 2010

Have I won Half a Battle or Not Please guide

Have I won half a Battle….

There was a complaint against me and my family in 498a and 406, The complaint was pending for last six months with police as there was on going settlement done by society as we returned all gifts articles back and a token money of 1 lac which was to cashed on 1 notion of divorce but their greed got better and were expecting more money from us and they did not signed any deed to extort more money.

In between police had got a statement from Girl in response to my Anticipatary bail application where Girl Satated that "due to ongoing settlement procedure I don’t want any action on my complaint as PANCHAYAT Aggrement is under Way and I need One months Time. and after 3 months police closed the case by noting that a settlement have been made between parties9as she did not approached police again) so no action is needed. Please suggest me where I stand as

1) Police had closed the case and sent for record office

2) They had cashed the money made out from our Bank Account, Bank certificate of payment is there with me.

3) I have that Statement of Girl which I got through RTI and report of IO in which he mentioned about settlement and has filed Bank Certificate in File Also..

Please guide me what should I do at this stage to nail them down.

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5 Replies

Gundlapallis (Advocate) 04 May 2010

You file a case for divorce on grounds of cruelty breifing all the facts transpired as mentioned by you now and get rid of her, now your way has become easier and her further complaints will not have any force or value.

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Sarbjeet Seth (Maanger) 04 May 2010

Sir, they are threatng us with Domestic Voilence and Manintaince Case

1) She is Govt Employee and Earns Rs.17000

2) I have already paid Rs. 1.5 Lac as Aliminy

What should I do at this stage

Dharmesh Manjeshwar (Advocate/Lawyer) 04 May 2010

Well I think U should send her a notice stating that the marriage tie between u and her has been irretrievably broken down ..... U have also made settlement of all issues by returning her stridhan and all other articles .... U have also paid the alimony amount to her .... therefore it is advisable that she come forward for divorce by mutual consent as there is no point in continuing the marriage ...... give her 15 days time ..... if she reponds positively it's good for both of u .... if she does not respond or responds negatively .... then u can file for divorce on the grounds of cruelty ...............

Anil Agrawal (Retired) 12 May 2010

She continues to be your wife and she can whenever she likes file another 498A and DV case against all of you. It is too delicate a matter. Please consult a lawyer and do as per his advice.