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Victimof498aa (Student)     29 December 2009

Terms of IPC 498A Settlement

Hi! I am a student from Brisbane, Australia. I was married to a completely unknown girl from my community in December 2006, which was our 4th meeting in the life. We stayed together for 8 days. I came back to Australia for my studies. My wife refused to come along with me to Australia and started living with her parents. For more than a year I tried to contact her but no luck! Finally, I sent her divorce notice in April 2008. She filed 498A with false complaints in June 2008. Now in December 2009 they want settlement. Their lawyer has sent Memorandum of Understanding (MoU) with a demand of Rs. 4 lacs. We are willing to pay and get rid off them. What should be terms of our settlement?



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 6 Replies

Victimof498aa (Student)     29 December 2009

Please guide me and my helpless family for the following queries:

1. Can we include IPC 498A clause in Memorandum of Understanding (MoU) settlement? Does 498A get nullified through MoU?

2. After signing MoU, can in-laws go back on their words and break MoU?

3. After getting divorce how much valid is 498A?

- A victim of 498A

 

Daksh (Student)     30 December 2009

Dear Victimof 498AA (Student),

It is evident from your post that the MOU sent to you is nothing but only a pressure tactic.  Once the proceedings u/s 498A are initiated then the criminal procedure code regulates the matter and even presuming the MOU is agreed upon either of the party or both the parties have to approach the court and it is the discretion of the court (especially after ADALAT PRASAD JUDGEMENT) to quash the proceedings in Section 482 Proceedings.   Consult a competent Advocate procure the records of the case and if the allegation are not true what's there to worry for fight it out..

All the best

Regards

Daksh

Kiran Kumar (Lawyer)     30 December 2009

its good to know that in ur case the matter has been compromised.

 

certainly the FIR can be quashed in your case , there are enough judgments by SC and various HCs in this regard.

 

if possible pls send the draft compromise/ MOU to my mail id, so that i can give u few suggestions in this regard.

 

my maid id is

kumarkiran003@gmail.com

Hardik Mehta (Family Counsellor)     31 December 2009

Victim,

Do not agree for the MoU and tell that you are ready to fight the case, the demands will come down.You can get the case closed without giving any single penny.

S.B.adil rahman (Legal Consultant )     06 January 2010

fight it out . dont succumb to pressure. your wife appears to be a professional bride with main business to enter the marriage bond and then extort  from the innocents. You send her  a notice of desertion and cruelty towards yourself. Moreover you can also claim the damages calling for compensating the expenses borne by you in solemnising the marriage. You can also file a case through your legal attorney or authorized representative in India against her. Cruelty would not stand in your case if the case pases through the acid test of evidence. Instead of paying her you can ask as to how they are going to compensate  for your mental agony. You can also go for quashing the case in Higher court.

shamina sayed (Advocate)     06 January 2010

Dear,

I agree with all replies posted to you.why settle?not a penny for such a notorious wife.face the trial.you will surely get acquittal.


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