Compromise and then backout.
Dharmender
(Querist) 20 November 2012
This query is : Resolved
If a court has issued orders against the accused in 498a and before next date of hearing if both the parties go for mutual divorce and the girl agrees to take her cases back then will the order be executed or not?
What happens if girl takes first installment as per agreement in mutual divorce but after that refuses to take her cases back under 498 and Dv act ( taking cases back is condition under mutual divorce) then what action could be taken against her and how it would help to fight in 498a
Devajyoti Barman
(Expert) 20 November 2012
Nothing would happen as far as withdrawal of cases is concerned.
You have to start fighting the case again.
However the situation would differ if the wife takes all the money agreed upo, and then gives mutual divorce but later refuses to withdraw the cases.
In that circumstances you can go for quashing.
Dharmender
(Querist) 20 November 2012
If she takes half money and does not take the cases back and does not give divorce also then what cases can I file against her
As per mutual agreement she has agreed if she doesn't take cases back she will return double amount and if she does not return money her brother will pay double amount
Can't she be prosecuted under sec 420 and 120B ?
ajay sethi
(Expert) 20 November 2012
issue your wife legal notice taht under consent terms filed in court it wasduly agreed that on failure to take case back she would return double the amount . ask her to make apyment within 15 days of recipt of notice fialing which you will file suit for recovery of amount .
