Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit8 (abcdef)     06 April 2013

Procedure to compromise

i am a victim of a false 498a & dv act case  since last 4 years.

The 498a is pvt complaint which has not moved yet.

In dv act , her interim maintenance got rejected  as she had come to court with unclean hands , she was hidding the fact that she was working before filing the cases even.

They have now proposed to compromise and finish the cases,

I stay out of india .

What is the procedure for closing the cases and getting mcd divorce ?we have been staying seprately for past 4 years.

as far i feel, both cases should be withdrawn first and then mcd application should be made .

are there any precautions i should be aware of  ?



Learning

 3 Replies

FN (Manager)     12 April 2013

Dont come if possible...settle down out of INdia....get married have kids..invite ur parents....ther are many other things  important to do in life....let her suffer for her wrong doing...

ask  compensation for mental trauma...

keep the matter for mediation....duly in writing in front of mediator ---i,e consent terms...she withdraws all the cases....get the terms and cond as u want it to be....consent term says that ..."you have been acquitted in the 498a case"...

divorce shall be on the last item...

she waives all her maint rights.. and withdraws all the allegations....

fn

Pl note am not a lawyer. this is based on my personal experince and aafter long battle of 4 years I forced my wife to withdraw all the cases...1. maintence claiming..30lac....2. 498a...compunded..she became hostile...3. and last divorce converted to MCD which she had filed (I Not pressed my interim maint appn u/s 24 HMA). and belv me all done in span of 1 week... after they succumbed to my strategy....

with due respect to all experts---any body can differ with my views...but this is what I did/forced in my case. 

India is gr8 country... ... woman gets old twice or thrice fast compared to Man...cash in this trump card...good for me. worked for me ....might work for other victims as well...


ashoksrivastava (scientist)     14 April 2013

Pl go through SC judgement in Ruchi agrawal's case. This will give you a fair idea about various points which need to be taken care of in compromise deed. regards ASHOK

Rahul Kapoor (Legal Enthusiast)     15 April 2013

hello,

498a cannot be withdrawn it can be quashed.

ask them to give in written that they want to compromise.

they need to present in court while quashing.

both parties should be present during MCD.

prepare a well drafted MoU.

there will be two motions in MCD with a cooling period of six months.

 

regards-

rahul.gogreen@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register