498a quashed

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
This is further to my query that I posted sometime back about my 498A Quash basis compromise with wife.

One condition as toMutual consent divorce is not complied but other conditions as to return of her stuff were complied. The MC petition could not be filed due to wife backed out.

Now she got the Quash order recalled from HC and the case will be heard again. She has filed a affidavit that I am not filing MC divorce and asking money from her which is not true and is objected by me in my rejoinder affidavit.

what would the courts view and decision as per your opinion when the matter is heard again. If this Quash fails I will loose what I returned and paid the allegation of me demanding money is false.

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Devajyoti Barman (Expert) 05 December 2011
Has the order for quashing been recalled by the High Court or it is fixed for hearing of recall petition?

In the second circumstance you would get ample opportunity to place your case of compliance whereas how she refused to give divorce.

Querist : Anonymous (Querist) 05 December 2011
The order got recalled now the case will be fixed up for fresh hearing. The HC Quash order read that we apply divorce on a specific date I prepared the joint petition but she said I will get that prepared from my lawyer and then the date by which the petition was to be filed passed by. She stopped taking my calls then I came to know that she has filed for recall of Quash order.

Devajyoti Barman (Expert) 05 December 2011
The the case would start afresh.

Kiran Kumar (Expert) 05 December 2011
better prove her malafide before the Hon'ble Court.

you must be quite fair in your submissions and place on record the draft of the MC petition before the HC.

Querist : Anonymous (Querist) 05 December 2011
she herself have attached the draft that I prepared and the draft that she prepared. But the diffrence being that her draft bears her signatures as she has claimed that she signed and I am asking money to sign that.

I have submitted a rejoinder affidavit saying that I didnt ask any money and was and am ready to sign

Devajyoti Barman (Expert) 05 December 2011
The wait for verdict of the court.

V R SHROFF (Expert) 05 December 2011
WAIT, AND COURT WILL DECIDE.
IF THERE IS NO DIFFERENCE IN CONTENTS
, YOU ASK THE COURT TO ALLOW U TO SIGN AND FILE UR MCD PETITION.

Shonee Kapoor (Expert) 06 December 2011
OMG, take that draft, sign on it and file it.

Whats the botheration. :-)

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 06 December 2011
It is not that easy she is not getting in touch may be this is a waay she wants to get more alimony in addition to what is already paid. I cant sign unless she comes to sign which she is avoiding and creating problem in quashing

Rajeev Kumar (Expert) 06 December 2011
Agree with experts

Devajyoti Barman (Expert) 06 December 2011
Then highlight her apathy to the court itself.

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