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DINESH KUMAR (ENGINEER)     23 June 2012

498a compromisation deed & then change statement

Respected Lawyer/Experts,

my wife filed 498A case in Feb 2010 & having a 2 year old child we have done compromisation in october 2010. since then we are staying together. Now when 498A case come for trial, last week we have submitted joint compromisation deed in court along with signature of all accused &  my wife as well her mother & brother (both are withness in case).  Judge has call both of  them  my wife & her mother about compromisation & their charges. They said they don't know anything all the charges has been written by police only & they have only signed the paper. my wife told we are living together from one & half year & we are happy. her mother told that we don't have any problem with accused.

Now a week after she felt that if case is completed she can"t  pressureise me & my family members..she has started to feel that see will loose all the control on us...in a very small matter of using the car by my brohter ...see has started to fighting with me..as she is at her parents home&  she has  delivered a baby 2 montth back..she refused to come back with me again & she told that she will again tell in court that she was pressurised to give wrong statement that police has written the charges. she want give wrong statement against all of us again in court.,

 

what will be the consequence ,,, ?

 

Best Regards.

 

Dinesh



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 June 2012

Dear Dinesh, 

 

1. Ideally you should have moved High Court u/s 482 for quashing of 498A on basis of her statement. I wonder why have you moved the trial court. If HC quashes her complaint after recording of statement that ends the matter for once and for all. 

2.  Now don't let her arm-twist you, and avoid conflicts till the matter is done away with. If she wishes to retract from her comromise deed, SHE CAN, however that would also be a fact that would go in your favour if we are made to contest the trial. 

 

Good Luck !

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