498a case mutual compromise

Once mutually agreed to solve the issue,ask her to file a memo as not pressed and the case will be disposed off.

mutual compromise to stay together OR its a settlement ?

The question put up by Mr. Born Fighter is important to answer your query.  Any how, if you want to get S.498-A case to be quashed, the Magistrate does not have power to quash it.  You have to file a quash petition before High Court enclosing the agreement reached between the spouses before elders.  Before High Court, both you and your wife shall present and record your statements and then High Court will quash your petition.  Once quash happens, then there will be no problem for you for applying Govt. Jobs or passport matter.

Prabhakar - Advocate

(M)9958670740

Legal Aid Panelist - Central Delhi (Tis Hazari).

@ Born Fighter,

            Its a settlement, and getting divorce. Her relationship with me is Sister-in-law.

Thanks and regards

Ok.

V Imp to follow what is suggested by Adv Prabhakar. Also draft an MOU for settlement terms and amount agreed and handover cheque in front of the Judge by following proper legal procedure.

All the best !!

What do U mean by the relationship sister in law?

@Sainath

      This complete story is related to my elder brother, so his wifes relation ship with me was Sister-in-law..

@Born Fighter,

     Ya ,a document is prepared in which its says Party A is claming amount(mentioned the amount in words)  from Part B for Maintainence and for futuer expenses ...and aggred to exchange the items which recived the at the time marriage , ready to get divorce, and in future any party can have a choice to choose a life partner...

 When Judge looks at this Document , asks both parties , if everything goes fine..then the judge doesnt have the power to dispose the case  ?

Again do we need to file a petition for High court to Quash the case ?

Thanks 

U should have mentioned  initially that  the case belonged to my brother instead U said on our family.

Hi ,

       Still our  final peshe is not done, because the opposite party were absent for 2 times,

So our entire fmily went two times, but they didnt, so the yhave givein new date after 15days,

So i  want to know is there any chane of attending online(like skype) , if so what need to be done ?

beacuse i stay at a longer didtances from our family...

Thanks

489A is non-compoundable hence once filed can’t be withdrawn. Please doesn’t compromise rather apply for speedy trial. Please see my posts in the following links for details. Please don’t take shot cut here else you will face lot of trouble.

You can show a different address for Applying for passport.  Don’t disclose that any criminal case is pending in passport application else you have to get NOC from court for applying. Police verifies only the local address.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

@ Rocky Smith,

             For your information, as the 1st wife of my brother was not coming , so one day my brother got married to another girl(but beofre that my brother sent legal notices to them to come ,but they didnt, and even court also not took anyaction ) ,so my brother thought we are on safe side and married to another girl, on the marriage day(they came with police after marriage and filed al case, pretty sure they know about marriage)..so now what can we do ?(we thought this is the option to mutual comprise and get divorced)...

        And what to fill in govt jobs that to bank ,suppose after file is quashed (we can fill as NO option ) , please advice ...

Are you Hindu or Muslim?

For Hindus – second marriage without divorce is offence known as bigamy, however, live-in-relationship with an unmarried girl with a married/unmarried boy in legal.

For Muslims – both are legal.

Please let me know your religion for further advice. 

Hindhu...

Its all story related to my brother .......

Burden to prove bigamy (494 IPC) lies on them.

This is non-cognizable, bailable and compoundable offence.

But 498A is cognizable, non-bailable and non-compoundable offence. So speedy trial is the only option to dispose 498A.

Bigamy, illicit relationship cannot be prosecuted u/s 498A IPC as this is not a cruelty as per the definition of cruelty of clause A & B of the same section.

Whether they have any proof of - 

a) Second marriage certificate?

b) Any documentary evidence or eye witness so that the 2nd marriage properly solemnized as per Hindu religious rites?

If not, then enjoy the 2nd marriage and have child. no issue.