i have to following que
Amit Oza
(Querist) 02 November 2009
This query is : Resolved
have to following que
i N.C was filed against husband ,and their parents for dowery of Rs 50lac which was false,
as the case was pertaining to family matters it was transfered to mahila takrar nivaran shanstha.
the lady officer of the sanstha listen to both the parties and found that the matter was, husband wanted
the wife tocomplete graduation and to work but the wife could not complete and was not ready to work
settlement was arriaved that husband will not ask wife to complete her graduation.and also wife will repect their parents
and will not insult the husband for earning less.
after the settlement husband is not intrested in any sexual relation with wife , adn wife is complaning that
she will complain to mahila takrar shantha.
i want to know the following
1) as the n.c was filed,and it will false,and also settlement was done,can the wife again lodge a false complain
and if she can lodge , can the husband defend that.
2) can the mahila takrar shantha can order police to take action agaisnt the husband
3)after the settlemt done at mahila takrar shantha, the N.C which was filed is automatically queshed.
Raj Kumar Makkad
(Expert) 02 November 2009
1. Becuase the matter was compromised so it cannot be described as false or true. Earlier dispute settled has nothing to do if wife wants to raise fresh dispute and certianly if husband denies to have sextual relations with his wife, is a mental and physical cruelty which given right to the wife to initiate various actions against her husband and according to Indian legal system noone to be condemned unheard so husband has also got right to he heard.
2. Mahila Takrar Sanstha is an NGO which helps courts to settle the disputes and it has got no power or authority to direct police to take ceetain action. It can just recommend its opinion to the particular court which sent him case.
3. Yes. because the matter was settled and compromise was arrived at so NC got quashed but not automatically rather both of you had made statements of compromise and due to which NC was cancelled/quashed.
PALNITKAR V.V.
(Expert) 02 November 2009
Denial of marital pleasure is fresh cause of action. Hence, previous settlement has no relevance.
