Validity of compromise mou on 3rd parties in 498a & other cases
Divya
(Querist) 12 April 2013
This query is : Resolved
Dear Experts
My bhabhi had filed false 498a, DV & Divorce cases against my brother and our entire family.
We suddenly received her ex-marriage proofs from an unknown source & this was not told to us when she entered my brother’s life.
Also she had herself circulated to her boyfriend of 10 yrs her indecent pictures which her own boyfriend had emailed to us..After receiving these indecent pictures, we had filed a complaint with Cyber Cell and after that the boyfriend was arrested and my bhabhi’s family immediately entered into a compromise with my brother..
My other family members have not signed on this MOU. Only the brother i.e. the husband has signed where both parties brother and bhabhi vow not to file any cases against each other and withdraw all cases against each other..All cases have been withdrawn by my bhabhi as per MOU.
Now my question is:
My family has gone a lot of stress and hell for so many years when all cases were in court. All these cases were void as she was earlier married.
I have lost my career and life due to harassment of these cases as all was done to grab mine and my mother’s properties.
She has equally misled the court as she had hidden from all her earlier marriage status and she was not divorced earlier. All her affidavits and statements were false.
Infact she comes from a monetarily strong background, hence they had equally managed to influence my own lawyer and even the police too.
If my family (excluding my brother) file at this stage some counter actions against her, then please give your expert advice on that.
Why should females who are characterless be allowed to file false cases and give harassment to mother-inlaw, sister-inlaw and others with an intention to grab properties and just have a way of their own by misleading the judiciary??
Thankyou
ajay sethi
(Expert) 12 April 2013
it is better to forgive and forget . compromise has been arrived at all cases with drawn . forget the bitterness of past and move on in life . you will end up spending more money on legal fees and spend sleepless nights by indulging in further litigation
Devajyoti Barman
(Expert) 12 April 2013
You can file counter case u/s 404, 284, 506 IPC.
Raj Kumar Makkad
(Expert) 13 April 2013
A tendency is implicating the whole family and relatives in false matrimonial cases on the side of wives. It has definitely spoiled the social fabric and family relations. Our society is crying under such illegal initiation of criminal cases.
A befitting lesson should be taught to wrong doer so that others may also take lesson. If the suffers sit idle even after suffering huge losses of career spoil and respect in the society, it shall increase the veracity of such efforts.
You can follow the advice of Barman with addition of section 340 Criminal Procedure Code. As you are not part of MOU, you are free to initiate even though the cases have been got withdrawn.
Sudhir Kumar, Advocate
(Expert) 13 April 2013
I generally advise that reconciliation should be tried. In this case it does not seem to be possible.
She has given ample evidence of any judgement against her.
This MOU indicates that you were guilty and eating humble pie.
Raj Kumar Makkad
(Expert) 13 April 2013
MOU was entered and executed between the husband and his wife and not between other family members and relatives so on the basis of such MOU, it cannot be concluded that the author or his other family members were guilty and were eating humble pie.
Divya
(Querist) 14 April 2013
Hello All
I respect opinion of all legal experts but if our own country citizens dont fight for our rights and allow girls' to file false cases, then what law are we trying to respect? Even if i have to lose lakhs, i really intend to take such matters to india's all topmost authorities and ministers & why not ? people accepted rape too quietly but nirbhaya episode has atleast woken up the eyes of judicial authorities.
My basic fight in future is mainly on grounds that : Justice Verma had come up with "Crimes against women" but filing false 498a against mother-inlaw & sister-inlaw is also a big crime as its an easiest way to spoil the family's respect when innocent females are dragged into court. All this revenge is done only to get big money and property from the boy's family....
Maybe i dnt acheive success in my initiatives but if several people like me stand up and bring this out in media and to the notice of all, then there is some hope of a directional change else we all will accept false cases and sit quietly. Human dignity is above all & if we ignore that, it means we possess no self-respect.
