Hi,
My brother's wife filed a false 498a case implicating him and parents. However, during mediation at the police station, it was agreed that we would pay her X amount as compensation and MCD be filed in court, custody of infant girl child would be with father and she would withdraw her case by filling an affadavit in court. The said mediation session was video recorded by police SHO and the agreement was signed by all mediators in the police station itself. However, 2 days after the signing the agreement, the girl again returned to the matrimonial home saying she does not want divorce.
Suspecting her intentions, my brother and family filed for anticipatory bail in lower. she was taken to court where she agreed in front of judge that she had returned to her matrimonial home and resolved all her differences. The same was documented vide affadavit.
Now we have plans of filling for quash of 498a. In case, she does not co-operate or back tracks on her statement given to the lower court judge vide affadavit. Is it possible to tell the judge that she is residing in our house post filling 498a and has given affadavit in lower court and now not co-operating.
Also, let us know, what precautions can be taken as she is harassing my parents and has come back solely to claim property and right to residence. Secondly, she has plans of using the baby to her advantage.
Would like to mention that she has abandoned the infant baby in our house on 2 earlier occassions and we have police complaints against her confirming the event.
Regards,