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S.SINHA   05 October 2022

Wife did not withdraw the cases after accepting money ( compromise deed)

My brother’s wife has filed 125 crpc/DV /498A cases against me which are pending in various courts in India. My Brother filed a divorce, and finally, a compromise was made in the family court that amount of Rs 50 Lakhs for mutual consent divorce( 20 lakhs in the first motion and the remaining 30 lakhs in the second motion). She too agreed to withdraw all 3 cases against me in the compromise. My Brother gave 20 lakhs at the first motion of divorce by Demand draft at the first motion of divorce. The court has given 6 months date for the second motion. But she has not withdrawn the cases (498-A/DV AND 125 CRPC cases) against me. The cases are at the stage of the evidence and where my brother have to lead the evidence. My brother requested the court to adjourn the cases at least for 6 months as the wife has signed the compromise deed that she would withdraw the cases. But the courts declined to adjourn and did not even record the statement of my wife that she wants to pursue the cases. What should he do? Kindly inform me whether it will go against my brother if he leads the evidence or pursues the cases. Expert advice is well appreciated



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 7 Replies

Sourav Das (Advocate Supreme Court of India)     05 October 2022

Intimate her that you are not going to pay rest amount rest amount unless and until those cases are not withdrawn.  And, act accordingly. 

Then register FIR against her for cheating and breach of trust. These cases can again be withdrawn after mutual agreement. 

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S.SINHA   05 October 2022

Will not go to adverse effects? because in the compromise deed I have seen that parties will not file cases against each other. His wife is not withdrawing because she has the doubt that she may not receive the remaining amount if once the cases are withdrawn by her

anubhav Bhatt   05 October 2022

Dear Client in that situation you should file a case against her under section 406,419 and 420 IPC and as per 498 A and 125 Cr.P.C. you should approach Higher Court and disclose the details of First Motion as well as Demand Draft then atleast you should get interim relief for more clarification you may contact us then I'll explain properly.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

P. Venu (Advocate)     05 October 2022

What do you mean by "a compromise was made in the family court"?

 

S.SINHA   06 October 2022

@P.Venu...It means the compromise deed was settled in the family court

Dr J C Vashista (Advocate)     06 October 2022

The facts posted are less than convincing as to how the Court has admitted complaint under section 125 Cr PC filed by your brother's wife against you ? 

Besides this, complaints under section 498A IPC and section 12 of the Protection of Women from Domestic Violence Act, 2005 for various relieves under section(s) 17 to 23 of the Act, where you cannot be impleaded except under section 17 of the Act. Moreover, the complaints under above provisions of law have to be filed separately involving different procedures.

You will have to consult the lawyer engaged by your brother for proper appreciation of facts and circumstances for professional advise and necessary proceeding to defend you / your brother. 

 

P. Venu (Advocate)     06 October 2022

Yes, the facts are confused and vague. No definite suggestion is possible unless the case particulars as well the terms and mode of compromise are perused and discussed.


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