settlement in matrimonial dispute
SATINDER
(Querist) 15 November 2014
This query is : Resolved
Hello again.
Today we had date in 125 matter. Luckly today we made an offer for full and final settlement with petitioner wife, which is also accepted my opposite side. Now my question is that if we go for settlement of case, does it mean all cases filed under DV Act, 498A, 125 crpc can be settled. Is it possible that after the settlement all cases filed against us will be finished?
Advocate M.Bhadra
(Expert) 15 November 2014
Though 498a case is not compoundable offence, however it can be withdraw 498A and all case you have to mention in your mutual divorce petition all the facts.
Pay one time alimony amount to divided in 4 installment by Bank Draft
1st installment you will pay on first motion.
2nd installment you will pay to your wife on when she will withdraw DV acts and maintenance case.
3rd installment you will to her on 2nd motion of divorce and
4th installment you will pay to her on when she withdraw her 498a by present in person.
all the amount installment you will pay in the court of respective court order and acknowledge receipt.
Devajyoti Barman
(Expert) 16 November 2014
Repeated query.
You Are already advised at length on this.
SATINDER
(Querist) 16 November 2014
No I never made this query prior.
And I am not husband of that girl but a relative of husband who is also made accused in all cases. Settlement will arrive between both.Girl will withdraw her cases. What about all other person like me who are falsely impleaded in the case. Whether court will discharge us as innocent or else. If case is withdrawn and settled what will be my situation. TAG OF DOWRY HARASSMENT WILL REMAIN ON ME. I WILL NOT BE ABLE TO PROVE MY INNOCENCE. ALL EFFORTS MADE BY ME IN COLLECTING ALL RELEVANT EVIDENCE IN SUPPORT WILL BE WASTE.
I have no problem with settlement but I want myself to be discharge as innocent and not otherwise. I have also my reputation amongs my collegues just because of false cases. Am on regular bail. JUST WANT SOMETHING IN MY FAVOUR WHICH CAN PROVE THAT I AM INNOCENT AND NOT A CRIMINAL. FACING EMBARSSING SITUATION AS COURT HAS NOT DISCHARGE ME TILL DATE. HOWEVER 498A MATTER IS AT FRAMING OF CHARGES STAGE. SERIOUS AND EMBARRASSING ALLEGATIONS ARE MADE AGAINST ME.
KINDLY SUGGEST ME WHAT SHOULD I DO.
Advocate. Arunagiri
(Expert) 16 November 2014
If the case is settled between the husband and wife, the court will accept the memo of compromise, and will discharge everybody in the case and will close the case.
ajay sethi
(Expert) 16 November 2014
only 125 CR Pc case has been settled . consent terms between parties should mention about other cases too .
SATINDER
(Querist) 16 November 2014
Thanks now little relief, hope for best. Ready to forgive her for whatever harm she done to me. Afterall she was part of our family and it is duty of elders to forgive. Always wanted an aimcable settlement without harming anyone. Already predecided that once I am discharge will not take any action against her.
Once again thanks for valuable advice.
Rajendra K Goyal
(Expert) 16 November 2014
Terms on all cases and against all accused / defendants should be settled and be submitted to the court with settlement of section 125 case.
Laxmi Kant Joshi
(Expert) 16 November 2014
as per to your thread i come to understand only your maintenance case i.e crpc 125 settled , other dv and 498a will run in their own form , it doesn't presumed that maintenance case settled means all other running cases settled .
V R SHROFF
(Expert) 16 November 2014
Advocate M.Bhadra HAD ADVISED WHAT TO DO STEPWISE.
FOLLOW IT.
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
The experts have advised well about what is to be done under the circumstances, you may follow it.
(Expert) 17 November 2014
