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VIJAY   28 February 2020

Quashing of case in hc

Hi Experts, I have 498a on me and my family in my city. My wife files other cases in here state. Now we got divorce in her state and all cases in her state quashed after settlement. Since she had the leverage in pulling the strings, I settled the money after she and her family gave in writing that they'll come and remove the case in my city whenever called. We had two agreements, out of court one and the other one was filed in her state's HC for quashing the cases but it is mentioned in the agreement that she'll come and give her consent to get the 498a quashed when called. Now, she is not coming to the HC in my state to get the 498a quashed. (They have got all the amount that was agreed) Is this like they can give all kind of assurances and give it in an agreement signed in the presence of advocates of both ides and witnesses and now retreat from coming to my city to quash the pending case. This is cheating isn't it? or just because she is woman, this is like chalta hi, no court will take action on them. What is the legal action I can take on them? Thanks


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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 February 2020

The Indian courts and judiciary is no stranger to family disputes. Majority of the cases relate to disputes with regards to family property and its division. Thus, in order to solve such disputes the Indian courts have taken a very liberal and broad view with regards to the validity of the family settlement and have always tried to uphold it and maintain it. The central idea in the approach made by the courts is that if by valid consent of parties a matter has been settled, it should not be allowed to be re-opened by the parties to the agreement on frivolous or untenable grounds. Court described ‘family arrangement’ as a transaction between members of the same family for the benefit of the family so as to preserve the property, peace, and security of the family, avoidance of family dispute and litigation and for saving the honor of family. Such an arrangement is based on the assumption that there was an antecedent title in the parties and the agreement acknowledges and defines what title is.

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