re opening of a case
shabbir
(Querist) 03 October 2008
This query is : Resolved
sir,
i want to know whether a case(sec 498a) settled in lok adalat can be reopened after 5 months of judgement passed in lok adalat.i.e whether the apellant has a power to apply for reopening the case.
also please let me know whether the case file d under DVC be reopened( case is actually dismissed by judge as withdrawn by the appelleant) i actually paid money and the other party agreed for settlement now they are threatening that they will reopen both the cases. can this be done. will honble court allow to reopen the cases under any circumstances
shabbir
(Querist) 03 October 2008
urgent pls help
Mukul Aggarwal
(Expert) 04 October 2008
Dear Shabbir,
First understand that a matter which has been settled in lok adalat neither reopenable nor appealable because order of lok adalat pass on the consensus of the parties and it is binding upon both the parties.
however i am not clear on the point of DVC however if you have paid a specific amount and it has been admitted as full and final compensation than case could not be filed and you can file for divorce and get seperated and you can always refer the order of the lok adalat in DVC case also, if it reopens.
However once the matter withdrawn it can not be file again on the same facts and circumstances. fresh ground needed
...
ARVIND JAIN
(Expert) 04 October 2008
it cant be reopened after final settlement in lok adalat.
Srinivas.B.S.S.T
(Expert) 04 October 2008
With resepct to the 498A case it cannot be reopened as the same is settled before a lok adalat. Coming to the point of DVC case as the same is dismissed as withdrawn, its imporatant to know what has written in the notpress memo filed by the petitioner. Has she mentioned the fact about settlement of disputes before the lok adalat in the notpress memo filed by her?. If you can furnish the details of terms and conditions in the joint memo filed by both parties before the Lok adalat we could be able give you proper advise.
However please bear in mind that if divorce has not been taken and both of them are living jointly then the sword of 498A and DVC is still hanging on your neck. Please furnish fuller details.
shabbir
(Querist) 04 October 2008
sir actually we furnished joint memo before the Honble magistrate in DVC case,it is in a different city and different court than where the 498a has been filed and in that all the conditions have been mentioned which include payment - acceptance of money and withdrawal of case relating to 498a at other court in other city.
and now we have already taken divorce as per muslim law.
Kiran Kumar
(Expert) 04 October 2008
well my opinion is a bit different.
it must be noticed that in India Lok Adalats do not decide cases they simply put a seal on the consensual agreement between the parties, their main purpose is to put an end to litigation with mutual consent.
S. 498-A is an offence of criminal nature, in my opinion if the female has withrawn the case on the condition of good behaviour from husband and his family but if the atrocities start again then there shall be no hesitation in reopening of the case.
if the reopening is not permitted then fresh complaint is maintainable.
SANJAY DIXIT
(Expert) 05 October 2008
I still can't understand "a case(sec 498a) settled in lok adalat". How and in which circumstances the case U/s 498a IPC has settled?
Pls give us more details Mr Shabbir for getting better suggestions.
When divorce given and accepted. Compensation given and accepted.
Joint memo filed and verified in Lok-Adalat.
Then why she is going to reopening the criminal cases?
What were the conditions laid out in the joint memo?
Pls. provide some more details.
anantha krishna n.v. Advocate
(Expert) 05 October 2008
498a is compoundable in some states and not compoundable in some other states.
Unless an offence is compoundable, the question of referring to lok adalat does not arise. in as much as the same was referred to lokadalath, it must have been a compoundable offence in that State.
Once it is compounded and closed, the question of reopening on the very same cause of action does not arise. be rest assured. Even otherwise, the time elapsed is more than 5 months. One need to go to High court immediately. DVC is also on the same footing.
As the parties have already obtained divorce, the question for new cause action does not arise. SO BE HAPPY AND ENJOY REST OF LIFE.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, ananthcourt@rediffmail.com, 9246531895)
Adv.Shine Thomas
(Expert) 10 October 2008
You have suppressed the real facts. Please understand that with out disclosing the facts one cannot get the proper answer. However the closed matters are closed. But she can file another petition. why these doubts when you have divorsed her. Or you both are living together even after the divorse?!
