25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sanjana   19 September 2016

Reconciled and cheated

I had filed a 498A FIR against my husband. After advise and forgiveness from my husband i decided to take back the case. So approached the High court and submitted affidavit to quash the FIR stating mutual compromise. Now after this my husband has stopped contacting and is not taking me home. What action can i take ? Can i revoke the 498A or report the same to the court ?I am depressed because my FIR was genuine and i gave up respecting his forgiveness.




Learning

 14 Replies

Sachin (N.A)     19 September 2016

You CANNOT restore 498a. Most you can do is to file the case of sec9 HMA but it will also waste of time.

 

Sanjana   19 September 2016

MArtin Sujay - Then as per you anybody can torture a woman to the extent of lodging a 498A and then convince her to his benefit to get the case quashed and then again abandon ? Seems like even you belong to the same category of beasts.

ambrish (service)     19 September 2016

Who advised you to approach High Court to quash your own FIR...! Now Any advice will depend on what you have written in your  WP, Affidavit, and  "Aapsi Samjhuta" 

Law is not the kids game that when you want ..you use it and when you don't like throw it. You need a professional advice. 

 

regrds

Sanjana   19 September 2016

Sir, me and my husband arrived at a compromise and decided to stop this proceedings. During that time my husband assured me to take home and live a good life. The same was mentioned in the affidavit submitted to the court for quashing. But who knew he would turn out to be playing double game. This was all done after consulting a professional lawyer.

whatnot   19 September 2016

498a is meant to protect women from abuse.

though the law has been misused for financial reason, every woman should be protected.

 

Squashing same will be detrimental and even though you may pursue legal battle, the cuase is already lost. You will be denied justice. That's sad and bitter truth.

 

You may go for divorce. For all parties concerned, Mutual consent divorce is best option.

 

But if do know where he stays, go and put yourself at his home. It will create more pain. Leave and let live would be ideal.

sai narayana   19 September 2016

Sanjana ji,

Above incident is useful for you in Divorce case under Cruelty grounds and nothing more than that.

anil   19 September 2016

Its all about what is wriiten in high court order. check your case , go to court again and say whatever written in agreement is not met, so its contempt of court if your aggreemnt is wrtten in court orders,

if aggrement clause not mentioned in your court order then its difficult and you have to contact local lawyer to help.

just giving you a refernce of a case below ....

 

"It is also agreed that ABC shall give a demand draft of Rs. X Lacs to the respondent no.2 and that after the receipt of the same, respondent no.2 shall have to cooperate for the quashing of the FIR in question. It is also agreed that in case of any default from ABC  in fulfilling the aforesaid terms and condition to this deed, respondent no.2 shall have the liberty to restore
the complaint under Section 12 of the D.V. Act against him and his family members and other proceedings as per the provisions of law and the amount received by the respondent no.2 shall be forfeited and that ABC  shall not claim the said amount from respondent
no.2 in future. It is also agreed that in case of default from the respondent no.2 in fulfilling the terms of the compromise deed, ABC shall be at liberty to recover the said amount from respondent no.2. and that divorce may be granted to him. It is also agreed that
after receiving the said amount the parties shall not file any case or complaint against each other or their families with respect to past disputes between both parties and that they shall withdraw all cases civil/criminal against each other and their respective family members.
It is also agreed that the date of marriage is agreed to be 1-1-1000 and that there shall be no dispute with regard to this date whatsoever in the future by either party. It is further agreed that the parties shall not use each other’s names in any government and private/public
record in future. Respondent No.2 affirmed the contents of the aforesaid settlement. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be
brought to an end. Statement of the respondent No.2 has been recorded in this regard in which she stated that she has entered into a compromise with the petitioners and has settled all the disputes with..........................

1 Like

Sanjana   19 September 2016

Martin Sujay - I have seen two headed snakes or so called lawyers like you.  You people eat money from both hands and both sides thats why there is no justice for genuine sufferers.God save your clients .You BEAST!

anil   19 September 2016

Respected lady,

might be you are not getting justice but its better not to use any bad comments for unknown person,(Martin Sujoy). every one here is giving time to help you. might be his words at present not suitable to you, so you can ignore it.

as far as your case is concerned , i have already given you a high court order, if lines like below is mentioned in your order ,you have then liberty to restore the case and again start a new life of going court and feeding money to laywer.

if your lawyer missed below point then its very difficult to restore case. so read,read and again read your case order , 

Since your hubby is defaulter , so my guess is that court order allowed him to default because of mistake by your lawyer or you. Its my guess , so please do not say any bad words to me ( just joking ).....

I hope you got my point....

please do not mind I have one suggestion .. do not loose temper and say anything to helper. its upto you how you take.

if any mistake from me then kindly ignore/forgive in advance for replying your query. :)

 

respondent no.2 shall have the liberty to restore
the complaint under Section 12 of the D.V. Act against him and his family members and other proceedings as per the provisions of law and the amount received by the respondent no.2 shall be forfeited and that ABC  shall not claim the said amount from respondent

 

Same will apply to you if you defaulted. out of court settlement or deed will not work if it is not mentioned in court order. only you can fight for agreement again. so better incorporate your aggrement in court order

1 Like

Sanjana   19 September 2016

Martin Sujay- Don't threaten me here that you can trace my IP. I am not afraid and mind you i can sue you for threatening me. You be aware of my rights too. It is an open forum and i putforth my question and you need not give me offensive suggestions and threats.

A walk alone (-)     19 September 2016

First of all no husband will take wife after 498a. after filing 498a how you think he will take you? Once family matter move in court nothing remains in relationships. For 498a Any advice will depend on what you have written in your Affidavit, and "Aapsi Samjhuta" .

anil   19 September 2016

if you know address of hubby , you can go and live since u are legally wedded wife and case is finished, get copy of order and show it to local police and enter home without any fear.

but as experts told , people avoid 498a , so might be ur in laws are in fear of you. take help of elders to sort out matter with cool mind, give some gifts like sweets, fruits etc ( not dowry this time ).

give a smile and enter. i dont think anyone can stop u while entering home.

take help of autohide4u in case u need legal help in reasonable fee as suggested by her. :) while making agreement use her/his real name and address ( not autohide4u and LCI )

1 Like

(Guest)

Whats done cant be undone.  You got much bigger problems than picking fights with repliers.  Options before you are, go for mutual divorce, and move on.  It will be criminal waste of time and money and youth to run behind this matter.  Instead of this, channelize your energy towards building good  career would be my suggestion.  I understand your state but nothing can be done, what goes around comes around, you file criminal case, husband gave it back in same measure to you.  Next time around dont repeat same mistakes if you ever get chance to remarry.  God bless.

1 Like

stanley (Freedom)     20 September 2016

Originally posted by : autohide4u
Please sue Martin Sujay for threatening. Don't do aapsi samjhauta this time, fight it till the end. Do you want lawyer? My fees are reasonable. 

Don't do aapsi samjhauta this time laughbroken heart Marriage is over once matter goes to police station for FIR and than to court . Now  take Divorce and settle down in life .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query