False case of 498a and dv act
Babita
(Querist) 03 March 2013
This query is : Resolved
Hi,
Wife has filed a false case under DV Act against the husband, mother in law, father in law and sister in law. Thereafter, on the day of first date of hearing under DV act, she filed case u/r 498a against same people.
Now, she has agreed to settle down the case by filing mutual divorce. But before that she wants to take back all her stridhan and one time settlement alimony.
The husband has not filed any case against the wife.
Please advise how should the matter be proceeded ahead.Also,what all agreements/affidavits to be executed before handing over the goods and settled amount in order to safeguard husband's position.In worst case, if the settlement does not work and the husband needs to file case against his wife then which all cases can be filed against the wife.
Thanks.
ajay sethi
(Expert) 03 March 2013
streedhan is wife property. husabnd has no right on the same . prapre a complete list of jwellery . before handing over the streedhan let her cross check the same . obtain her signature in presence of 2 withnesses that she has received the same .
prepare consent terms . get it drafted by lawyer for divorce by mutual consent . 90%payment to be made on divorce decree
Devajyoti Barman
(Expert) 03 March 2013
Do not make whole payment before withdrawal of cases and divorce.
Fix certain installments for payment so that you make payment as per proceeding of withdrawal of case and for divorce.
prabhakar singh
(Expert) 03 March 2013
1.Stridhan belongs to wife.Husband or his side is simply trusty.It should be returned
against a receipt wherein every article should be listed with name and weight of all articles. Preferably wife should asked to file an affidavit in the pending case admitting the receipt with no claim further in this regard.
2.498a should be compromised.Only a little part of agreed alimony should be paid on with drawl .
3.Rest in installments during proceedings of MCD upto passing of the decree.
