Allahabad Medation center mediation settlement 498a

In the Mediation settlement @ Allahabad Mediation Centre they will draft a Settlement agreement which would say that settlement has been arrived at between you and wife and as per the terms you and she have agreed to seperate and apply for a mutual consent divorce:

1. The criminal writ petition filed by you for quashing of FIR- They would write that the case will be quashed.

2. Include case No of DV that your wife will take back the case by .....date.

3. You have paid a amount of Rs 3L by DD ...... as per terms of settlemt.

4. You will pay the balance amount of 1L at the time of second motion of mutal consent divorce.

But I promise to bring 4 L DD on next date.

1.Can mediator will allow 3 L DD ??

2.Can In- Law will not agree ?? As last time they agree for 4 L ?

Is their not any difficulty ?

Thats just a mediation centre not court- if you say they may not agree then they may ask for 5L this time or change the terms. Ideally to be on safer side you can carry two DD's 2L each and ask the mediator alone when you and him are only there as you can always request the other side to be outside you want to talk to mediator in person and tell the mediator that you will give 2L now and 2L on the date the case is quashed in HC as after mediation report your case will be listed in HC and will be quashed so your lawyer can handover the second DD to the other party on the date of quashing.

SIR,

KINDLY NOTE THAT.

1.YOUR 498A COMPLAINT CASE IS PENDING AT COURT.

2.YOU ARE PRESSURISED TO PAY CERTAIN AMOUNT TO OTHER SIDE TOWARDS SETTLEMENT IN DV CASE.

3.IT IS ADVISIBLE TO DEFEND THE MATTERS IN COURT STRONGLY AS 498A CASE IS NON COMPOUNDABLE AND HENCE CAN NOT BE WIDRAWN BY COMPLAINENT BY FILING MERE APPLICATION OR BY FILING COMPROMISE AGREEMENT IN THE SAID CASE.SO BE CAREFUL UNLESS THE SAID COMPLAINT CASE IS FULLY QUASHED BY HIGH COURT YOU SHOULD NOT PAY ANY AMOUNT TO ANYONE.AS THEY MAY CONTINUE THE SAID CASE AGAINST YOU TO HARASS YOU.BE CAREFUL.

4.IT IS ADVISIBLE TO FILE A CRIMINAL WRIT PETITION IN THE HIGH COURT FOR QUASHING THE SAID FALSE CASE UNDER SEC.498A OF IPC. AND IN CASE THE OTHERSIDE WIFE AND ALSO STATE  AGREES TO QUASHING THE SAID CASE THEN HIGH COURT MAY QUASH THE SAID FALSE CASE. RECENTLY BOMBAY HC HAS QUASHED CERTAIN MATTERS.PLEASE NOTE.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS GOOD LUCK......

i have a question... and, i am not a lawyer, so, i could be totally wrong, but there are so many lawyers here, i am sure they will help me understand this better.

it seems to me that a settlement arrived at, at the mediation centre after a 498A has been filed, in some way trivialises the whole issue. we are then saying that any wife can file a 498A, and then of the husband can pay her the money she demands, or the amount the mediation centre convinces her to agree to, then the FIR is quashed.

my question is - a 498A is a criminal case, where those implicated are accused of harassing the wife; how can payment of money be compensation to a criminal offence? if the in-laws or the husband have allegedly tortured the wife, they should be tried and punished if found guilty... similary, if the wife is found to have filed a false 498A and if she has falsely implicated her husband and in-laws, then she should be tried under some law on charges of falsely implicating someone or defamation. why is it all about money?

Rohit,

There is a twist in the tale. 

Money makes the world go round. Matrimonial litigation has no end otherwise, so courts are turning blind eye to it and lawyers are minting money.

Homes are broken and kids suffer the most.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

the mediation centre has asked me to come up with an amount that i can afford to pay her towards settlement. what if the amount is not acceptable to my wife. but, that is the amoutn i can pay, given my current financial position?

suppose, i produce all my financial statements before the court and say that at this point, please see that i cannot pay more than Rs. 2L. however, if that amount is not acceptable to my wife and she demands Rs. 5L, then what will happen?

thanks.

The cases then would be fought on merits.

Cases end in compromise, only when both parties agree. Otherwise the court battles run for years.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hello,

Can you please give me some good reference of lawyers of Allahabadf high court. As you already have your case in high court so you may have a better understanding of the lawyer.

Thanks,

Sneha (022sneha@gmail.com)