Chetan Singh (SE) 09 July 2010

Need Adviice

Hi All,

I have a query that my wife has filed a case of dowery 498a, 3/4,507,509 .I was in jail for 20 days around and after that, we are leaving seprately but now she wants a compromise that if I can provide her seprate room for her , then only she can do compromise.

Since case is with court and dont know about charge sheet is prepared or not since it has been 3 months over.

What is the procedure to take all the complaints back and I can come out completly with my all false charges, What type of aggrements I should made from lawyer so that in future she can not file again these cases.Is it possible to withdraw all charges from my wife if I can fulfil her desire?

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6 Replies

Legal Fighter (Advocate) 09 July 2010

There can be no agreement wherein she could be restrained from filing any future complaints. Are you sure that you really want to bring her back and make compromise. Just be firm first.

At the best, you can take declaration from her that the case she filed was false and she will not do the same in future but pls note that this doesn't safeguard you 100%.

Chetan Singh (SE) 09 July 2010

I need to know whether we both need to go to court or lawyer will prepare any docs for the same to withdarw the case from my wife.

Mrs. Hetal Sunil Shah (Advocate) 10 July 2010

enter into Deed of compromise with permission of Court and conditional withdraw ask your lawyer to prepare same.

Chetan Singh (SE) 12 July 2010

Ok, Risk of beliveing her again may create problem. I mean to say can I apply ex-party divorce without making her aware of that. If I take her back im my home and side by side there is ex-party divorce , would it be valid for taking divorce or court will not allow this. Actaully I want to give my wife a chance if she will again create problem I will show her that we have divorced now and I will ask her to leave.

Adv Archana Deshmukh (Practicing Advocate) 12 July 2010

without valid service of notice to your wife, the court will never grant ex-parte divorce.

Chetan Singh (SE) 13 July 2010

I had re-talked to her but she is not ready to take back her case. She is asking huge amount of 10 laks for divorce ,I cant able to give that amount since I am not so much financialy strong.

She is asking me directly a room for rent since the case is pending for decesion .If I am ignoring her she is taking help of NGO and delhi police. Since she has no money to survive independently thats why she is asking me either take me bak to my home or provide me some shelter to survive. So please advice what should I do?