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(Guest)

Wife not taking 498a case back after settlement-URGENT

Hi All, My wife has filed 498a & DP 3&4 on 03.09.2013 on me. In FIR, my wife mentioned my name only. She mentioned in FIR, like 15 lakhs dowry and 150gms gold given to my husband in front of her relatives and My parents. I went to police station and released on regular bail.

In between my elders made settlement, They made us like we have taken 6 lakhs dowry at the time of marriage and same signatures taken from me and my parents on white paper. In settlement paper, we have to give 7.5 lakhs for the settlement amount to wife at the time of Divorce decree. after that, we went and submitted all her gold  and her belongings and same we have taken signatures on 100 rupees bond paper.

And I have deposited money through check 7.5 lakhs in Joint account, written on Rs.20 bond paper saying Father in laws money is Rs.6 lakhs and mine is 1.5 lakhs. Totally 7.5 lakhs both (Wife & Husband) has to with draw cases and with draw money from joint account and has to give to wife  7.5 lakhs at the time Divorce decree day .” my father in law submitted to us gold receipt for 85 gms without paying tax . Now we have that gold receipt paper.

After that I have received the legal notice from my wife’s lawyer asking Divorce and same my lawyer given reply to that legal notice accepting the Divorce. My lawyer told wife filed divorce on 26.12.2013 and he also filed for Divorce like that our lawyer told to us.Till now I didn’t receive the any Divorce notice from court and my wife. my lawyer is not telling anything whether it is mutual divorce or contest divorce or exparte divorce and my wife is not taking 498a case back.next hearing I have next mont. 

Questions

1. If wife don’t take 498a case back, what action Can I take on my wife?

2. How we will come to know whether charge sheet filed or not? 498a case filed on 03.09.2013, what is the time limit to file for charge sheet? if they add additional names to charge sheet, what is the bail procedure for that?

3. if they are not taking case back and not giving divorce, How to collect money from joint account? I deposited money through check. Please advise.

4. When is the right to file TEP, After charge sheet or before charge sheet?

5. In 498A FIR, they are telling 15 lakhs dowry and lawyer legal notice they are telling 6 lakhs dowry and they given gold receipt for 85 Gms no tax and invoice number on that. Please advise can I file perjury case sec 340 on them?

6. When I was in police station they have taken signatures from me and my parents with influence of police and SP and political background.they made us to taken 6 lakhs dowry. Please advise Can I file any cheating case on them?

 Please advise above questions . Thanks for quick response and time

 

 

 



Learning

 11 Replies

great india (manager)     15 January 2014

1.wait n watch for a fewmonths. 2. court procedures take time. they may be wanting mire out of you. 3. be alert and dont show hurry for divorce. 4. have Patience....... picture would get clarified i few days automatically

(Guest)

Hi All,
Thanks for quick advise
Please advise me on above questions. Thanks for ur time.


(Guest)

Hi All,
Thanks for quick advise
Please advise me on above questions. Thanks for ur time.


(Guest)

Hi All,
Thanks for quick advise
Please advise me on above questions. Thanks for ur time


(Guest)

Hi All,
Thanks for quick advise
Please advise me on above questions. Thanks for ur time.

aap (manager)     17 January 2014

Dear  Venkat i have seen ur sending the repeated queries on this form againg and again i know its hard time for you  but be pationed things will going to settle with time

 

first thing first

what is the status of ur bails did u got anticipatory bails or not,and the second thing is u sould be active and try ur self to know what is going with ur case nobody will tell u the exact what to do or not so try urself to know what is happening with ur case

what i have read in ur quiry ,i believe the type of agreement u madre is totally wrong where u himself accepted that u tool 6 lakhs and the way u did compromise with ur wife

u r lawyer sould requested at the time of hearing that send the entire matter to mediation where u come to conclusion and get it drafted there and then compouned that agreement in court orders this is best way to do compromise

regaring divorce i dont know what happened  u sould ask ur lawyer what he is doing........and follow up in court regarding it

498a regarding apply 482 crpc quashing petition in court (high court) and get it quashed


(Guest)

Hi, Thanks for quick advise. I got bail and chargesheet is not yet filed, next month I have hearing. 498a case filed on 03.09.2013. My lawyer told 498a case will be moved to lokadault in future like that he told.I dont know when it will be moved. If I apply for 482 crpc quasing petition in high court it will get quashed?. I dont know when charge sheet  will be filed. I didnt receive any Divorce petition from wife and court.Is there any possibility to check status whether chargesheet filed or not ? Please advise.

aap (manager)     17 January 2014

if chargesheet not filed then how u r having hearing next week ,mediatin happens before getting AB,and even u tod that u already got the case settled by famly members


(Guest)

Hi, As per agreement at the time of divorce decree day both (Husband & Wife )has to with draw cases and withdraw money from joint account  and we have to give to my wife like that we made agreement. after that my wife didnt take 498a case back and they told will take later before divorce.

After getting regular bail , I attented one hearing on 05.11.2013 and next heraing on 21.02.2014.Till now I dont know whether charge sheet filed or not. Is there any possibility to check status whether chargesheet filed or not ? u mean to say without chargesheet file we have no hearings? if so what these hearings I dont know. am completely mess up and my parents are uneducated and am working in Banglore and my parents are in andhra pradesh.my lawyer is not giving full information. From banglore to my wife's place 900kms.

Where wife will file divorce case in Distict court or family court or Civil court .Please advise.

Thanks for quick response.

MarianGregory (Manassas Virginia, USA)     24 May 2014

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MarianGregory (Manassas Virginia, USA)     24 May 2014

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