Request your valuable advice on this case of my brother. I am just referring my brother as Husband and my sister-in-law as Wife.
1> Wife filed 498-A, Maintenance case in Lower court. ( in her Parental City)
2> Maitenence case was dismissed as Wife is earning and there are no children born out of wedlock.
3> In 498-A Case Husband's Parents were acquitted in lower Court. But Husband was given a sentence of 1 year Jail.
Immediately Husband filed appeal against his convistion in the Next higher court ( i.e. in District/Sessions Court)
3> Husband filed Divorce case in family Court on the grounds of Desertion & Cruelty. The Case was dismissed.
4> Husband filed appeal against the dismissal of the Divorce Case in the High Court.
The actual trail has not yet started for both the cases viz Divorce Case appeal in the High Court and the appeal
against the husband's conviction in District Court [ Bothe these appeals were filed by the HUSBAND ]
The 498-A case appeal was scheduled for next adjourment in May 2011 in the district Court. [Arguments have not YET Started].
Now the wife and husband want to come to a compromise. Wife agreed to take Rs 10 Lakhs and give consent for
dismissal of 498-A case and also to give consent for Divorce in the High Court.
However wife is saying that she does not want to take Rs 10 Lakhs in the High Court, before the Judge but she wants the money
infront of some mediators and/or infront of Husband's/Wife's High Court Lawyers.
Wife in Saying that once she gets the money, then she will sign on the papers for getting divorce in the High court
and also on those papers for withdrawal of 498-A case ( appeal in District court) hence resulting in acquittal of the Husband.
Wife wants that the actual divorce paper in the High Court should Say that "The Wife has agreed for a compromise and accepted
to take divorce without taking any single Rupee from the Husband at her own will without anyone's coercion etc etc"
THOUGH in the back door she has actually taken Rs 10 Lakhs.
Now my questions are
1> How Safe it is to give Rs 10 Lakhs to my Sister-in-Law infront of some mediators/Lawyers and believe her words that she will accept for Divorce?
2> What if after taking money she doesn't come to High Court and give her consent for Divorce?
3> If at all we go for this procedure, what are the precuationary measures to take to ensure that we will not become fools after giving money to her?
4> If everything goes well, What is the procedure for getting divorce in High Court appeal and procedure for getting acquittal in 498-A Case as my
Sister-in-Law is saying that she will give consent for both of these cases after taking Rs 10 Lakhs?
5> Since 498-A case's next adjournment is in May 2011, Should we wait until then to file for Dismissal ( acquittal of Husband) even though
wife is ready to give her consent now ( after taking 10 Lakhs )?
Kindly provide your valuable suggestions on this.
Regards/Kiran.
