LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh (SSE)     03 February 2013

Need advice on ipc 498a/307

 

Dear All,

                I am a victim of the Draconian IPC 498a and 307 sections and suffering from the past 2 years. Wife filed IPC 498A, 307 in a district court  on me, father, mother, sister, BIL. I was on hideout for 6 months & granted bail.

While I was on hideout  that lady filed another case  on me and my sister  in a city court alleging on that we have trespassed into her relative’s house and threatened her to with draw the cases (even this is false).

Recently she has filed divorce in a district court on cruelty grounds, with all the allegations mentioned in the 498 A and 307.

Now after 2 years that lady has realized her mistake (which I could see on her face when I saw her in court) & repenting.  Ok I am anyway not giving into her feelings & emotions because that lady & her family harassed me & my family a lot these 2 years.

With all the doors closed & we adamant to fight it out in court, the lady’s family has caught a middleman (he has helped us in Initial stages) and asking for the compromise (read it as money).

 We have also made a point that compromise can happen only after the cases are withdrawn against us or we will continue to fight it out in court whatever may be the outcome.

I have few questions:

1.       How can I compromise, as I heard that the IPC 307 section the warring parties cannot go for out of court settlement. Is there a possibility for the lady to confess in court that she was mis guided (this is what her realtives said during mediation talks that she is repenting, crying  and  blah blah blah) & can the court strike off the case against us based upon her confession

2.     If I pay her some money for compromise (now with the on-going talks, can she again claim alimony, from divorce petition filed recently as I have a property on my name purchased after marriage.

3    .Is there a possibility where-in she can withdraw her divorce filed in the district court so that we can go for mutual consent divorce. 

 

Regards,

a victim. 



 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 February 2013

Dear Ramesh

1.first of all draft a MOU/Settlement agreement with all terms and condition.for settlement. 307 is not compundable offence but if the court think fit that the settlement should be completed, the main witness can be hostile before the court in evidence stage and case can be finished after final order of the court or filed a quash petition before HC, HC Have power to quash the matter on request of both the parties and settlement because this is a family dispute.

2. maintenace right can not be left, use better language in your MOU

3. no need to withdraw the divorce petition it can be treated Mutual Divorce if court think fit after filing amendment petition,if not possible then witdhraw the divorce petition and file fresh MCD pwetition before court.

Feel Free to Call

Ramesh (SSE)     04 February 2013

Dear Qureshi,

                           Thanks for replying. However I have few questions.

1.  Between which two individuals the MOU has to be signed. Is it between the warring parties involved in the case or between the individuals (on my side & other side) who sought to mediate between us. 

2.  Do we need the plan of action on the document (MOU) in the initial stages it self as the other party is pressurising us on the decisions taken on verbal note.  Cant believe on those people on decisions based on verbal note. 

Regards

Ramesh. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register