Defamation case.
M Chaturvedi
(Querist) 03 May 2013
This query is : Resolved
Dear Sir / Madam:
My brother got Divorce through Mutual Consent after Settlement in August, 2012.
But, before Mutual Consent - We were fighting false cases of DV Act 2005 (DV), 498A, 406 filed against us by the Ex-Wife of my brother & Her Family.
We were almost close to prove her & her family Wrong as we had procured her Income Proof, False Doctors Certificate. But, when they came to know that now nothing strong stands in their favour, they came up for settlement.
Also, our Lawyer suggested to finish-off the matter by settling and not wasting time & future.
We made a Memorandum that both the Parties shall Withdraw cases against each other & also SHALL NOT file any further cases in FUTURE. Also, it was decided & written in Memorandum that the Ex-Wife of my Brother shall co-operate with us in Withdrawing the cases filed against us.
Here, they have only withdrawn DV. 498A is still on - Yes, we know 498A cannot be withdrawn, but, they had committed that She (Ex-Wife) shall give relevant statement to the Honourable Court wherein both the Parties are safe.
But, now where the Divorce is Officially Granted & Technically She is Free. We are stuck up with 498A. She hasn't come to the Court till date. Only once she came, but, the Honourable Judge was absent. After that summons were sent to her home, but, "AS EXPECTED - RETURNED UNSERVED". Now, they are not traceable. we know they are in the City itself. But, it was always their plan to Free themselves & keep us hanging. I had actually cautioned my family members that they (Ex-Wife & her Family) are not Trustworthy, but, my Family just wanted to Free my bro from these animals. OK. Fine.
As of now, the case (498A) is going as usual. If our Lawyer argues & gets us Acquittal (since in this case withdrawal is not done) - Can we file a "DEFAMATION CASE" against them after our Acquittal? since they have not co-operated us in settling & clearing 498A.
R.K Nanda
(Expert) 03 May 2013
repeated query.
Raj Kumar Makkad
(Expert) 03 May 2013
If this is a repeated query then I shall not reply it.
Nadeem Qureshi
(Expert) 03 May 2013
Dear Querist
file a quashing petition before HC with this Memorandum, the court issue notice to her if she is not appear before Hc then C have power to decide the case ex-party.
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