What's next?

Dear Mr. Querrisst 

                                       YOU NEED NOT SUBMIT ANY WRITTEN STATEMENT OR ANY EVIDENCE AT THIS STAGE . FIRST THE COMPLAINANT THAT IS YOUR WIFE WILL BE EXAMINED BY HER LAWYER AND THE EVIDENCE IF ANY WILL BE PRODUCED AND MARKED AS EXIBITS BY HER LAWYER . THEN YOUR LAWYER WILL CROSS EXAMINE HER ON THE BASIS OF THE EVIDENCE PRODUCED BY HER PLUS OTHER QUESTIONS TO PROVE THAT HER CHARGES ARE FALSE .THEN HER WINESSES WILL BE EXAMINED BY THEIR LAWYER AND CROSS EXAMINED BY YOUR LAWYER . THEN THE INVESTIGATION OFFICER WILL BE EXAMINED BY THEIR LAWYER AND CROSS EXAMINED BY YOUR LAWYER . THE PUBLIC PROSECUTER WILL BE ONE AMONG THEIR LAWYERS. THEY CAN ENGAGE ONE PRIVATE LAWYER ALSO TO REPRESENT THEM IN ADDITION TO THE PUBLIC PROSECUTER .EVERYTHING WILL NOT BE DONE IN ONE DAY ITSELF .ALTHOUGH YOURS IS ALSO A CRIMINAL CASE IT IS A FAMILY MATTER ONLY . FIRST THE JUDGE HAD TO TAKE UP THE REMAND EXTENSION AND OTHER CRIMINAL CASES AND THOSE WHO ARE IN JAIL WITHOUT GETTING BAIL. ONLY AFTER ALL THESE HE WILL TAKE UP CRIMINAL CASES LIKE YOURS . LONG BACK REMAND EXTENSIONS WERE TAKEN ONLY AFTER 3 'O CLOCK IN THE AFTERNOON . MANY COMPLICATIONS ARISED IN THESE .BECAUSE THOSE PERSONS WHO ARE BROUGHT FROM JAIL TO THE COURT HAD TO RETURN BACK TO JAIL BEFORE 6'O CLOCK IN THE EVENING .YOU HAD NO OTHER GO BUT TO WAIT IN THE COURT TILL YOUR CASE IS ADJOURNED TO SOME OTHER DATE .

                                                IF YOU HAVE VERY GOOD AND CONCRETE EVIDENCE TO PROVE THAT YOUR CASE IS FALSE THEN YOU CAN GO IN FOR QUASH IN THE HIGH COURT UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE .BUT YOUR EVIDENCE MUST BE VERY STRONG .OTHERWISE THE HIGH COURT WILL DISMISS YOUR PETITION AT THE ADMISSION STAGE ITSELF .- JOSEPH WILFRED - 08/02/2013 AT 11.40 HRS .

if you ask me, you can earn 5 lakhs later than running into courts for multiple issues, and you press for MCD alongwith it terming no association in any manner for future.

All the best sir

WHAT Mr. Mani SAYS IT , IT IS BETTER TO GIVE THEM FIVE LACS NOW AND GET OUT OF ALL CASES INCLUDING MUTUAL CONSENT FOR DIVORCE . IF THE QUERRIST WANTS TO LIVE IN PEACE AND GET MARRIED AGAIN TO HAVE EITHER A PEACEFUL LIFE OR A DIFFERENT EXPERIENCE HE CAN VERY WELL DO ACCORDING TO WHAT MANI HAD SUGGESTED . BUT MY SUGGESTION IS DO ACCORDING TO WHAT MR. MANI HAD SUGGESTED BUT DON'T GO IN FOR A SECOND MARRIAGE AGAIN . IT IS FOR THE QUERRIST TO DECIDE .

  MR. QUERRIST , ONLY AFTER EVERYTHING IS OVER ON THE COMPLAINANT'S SIDE , THEN YOUR SIDE WILL BE EXAMINED IN THE SAME MANNER ,  BUT ONE BY ONE EXIBITS WILL BE  MARKED IN EVIDENCE AND THEIR LAWYER WILL CROSS EXAMINE YOU AND YOUR WITNESSES . THEN AGAIN YOUR WIFE AND YOUR WIFE'S SIDE WILL HAVE TO FACE CROSS EXAMINATION BY YOUR LAWYER BASED ON THE EVIDENCE MARKED BY YOU AS EXIBITS .YOU HAD NO OTHER GO BUT TO WAIT . IF YOU DON'T HAVE PATIENCE YOU DO ACCORDING TO WHAT MR. MANI HAD SUGGESTED .- JOSEPH WILFRED - 08/02/2013 AT 20.25 HRS.

@author

initial quote 5 lacs for case withdrawal and MCD? i think you are quite lucky ! has she  taken away all the jewellery etc.? what is the total amount coming to?

the cost of you and your family's valuable time, advocate fees,peace of mind is certainly more than 5 lacs

also, depends on your future  plans (you plan to travel, remarry etc.). 

i recently met two families who fought their cases for 4-6 years and won (they didnt have the money to give nor did they wish to give), may be they were mentally prepared to fight.the cases didnt interfere with their normal life much.

if it is not a big amount for you, you be ready to pay and close the case along with MCD.

but DONT show it to your  outlaws that you are eager to settle - you can use negotiation tactics

to bring the amount down and make them adjust to your needs also.

as far as the case is concerned, legal experts can guide  you well. you will get ample opptys to

prove her lies (but it is a long drawn process).

gud luck with your decision,

Wait for some more time.. amount will come down..

@ author 

My suggestion is to fight your case tooth and nail as we all know 498 A is filed for extraction of money . And she has to prove the same . 

once you give in to their demand you are nothing but a ATM Machine or a cow who can be milked again and again . I hope so you have read the tale of the thirsty crow . How it drank the water from the jar where in the content was of the water was very less . So in a short time she would become crow ( crorepati ) and you would just be her pati on paper and nothing more minus your saving's although as of now it may seem her proposal seems just the right thing at this stage .

Tomorrow under change of circumstances she will file a claim for maintanence under change of circumstanes and would utilise the same 5 lacs against you  . These cash would be used as  fuel against you . Hence it is better to utilise the same in contesting your case and paying it in the form of lawyers fees :-)  and winning your case .

Stanley,

If MCD is pressed and signed with all conditions of her relation withered  with him for present, past, future, how she would again come with maintenance under change of circumstances?

I still back a sensible advice of fellow members, pay 5 laks and press MCD with all conditions nicely covered and in future she has no connection to claim anaything and provide money  only after second motion of MCD.

5 lakhs can be earnt, but running into courts , fighting 498a, waste of time is not easy to maintain. However if author wants to fight for justice, then go ahead fighting it.

@ Mani 

Its True running around courts is a waste of time and Money provided you can have trust in the opposite party . In this forum itself i have seen Queries that MCD was signed and under change of circumstances alimoney has been asked :-). Go through the below links .

https://www.lawyersclubindia.com/forum/Maintenance-after-mcd-55237.asp#.URyPPR1HJMg

https://www.lawyersclubindia.com/forum/Got-mcd-but-498a-still-pending-59470.asp#.URyQGh1HJMg

If the author gives away 5 lacs its okay but what if tomorrow she demands additional alimoney ( And you are aware with todays law husbands are ATM Machines ) under change of circumstances and uses the 5 lacs paid to her to fuel her lawyers fees :-)

@stanley

hypothetical qn from me.

thanks for posting those links. under change of circumstances, is it possible that she gets remarried

divorced again and come back and claim maintenance from her first bakra?

can she claim - may be yes.

but will court entertain it or dismiss it? dont know.

@ harsh 

First she would have to apply for a Divorce and get through it in order to remarry again. The advantages of  paying monthly or  a one time settlement towards maintanence would have to be considered . Monthly Maintanence would continue only upto the stage she does not marry again . Once she re-marries the maintanence ceases from the first husband.

Than the baton is passed on to the next bakra Husband ( next ATM Machine ) :-) 

Stanley

Still after second motion if you pay and MCD is passed, she can technically come but it will be dismissed. There we need a lawyer claiming all conditions covered in MCD

@ Mani 

Even if MCd is granted and full payment is made and as i said earlier she can still ask for maintanence under change of circumstances even though all conditions are covered under MCD . 

It would be upto the judge to go through the change of circumstances and accept or Dismiss the case and reject or grant further maintanence maybe after some years provided hse has not remarried . Hence i put the above links .Her counsel would guide her into this since he would be getting his fees . Law is funny isnt it ??
 

Mr. Querrist 

                      NOBODY CAN BELIEVE A PERSON WHO IS AFTER MONEY AND NOT TO GET THE MARRIAGE A HAPPY ONE IN HER LIFE AND THAT OF HER PARENTS . WE HAVE READ IN THIS COLUMNS THAT A PERSON HAD BOUGHT A CAR AND ON APPEAL BY HIS WIFE THE COURT HAD ENHANCED THE AMOUNT . YOU WANT TO PROVE THAT YOU ARE NOT GUILTY AND THEREBY YOU CAN DENY NOT ONLY ANY MAINTENANCE BUT SUE HER AND HER RELATIVES FOR PERJURY . YOU CAN PULL THE POLICE ALSO FOR FOISTING A FALSE CASE ON YOU . THEREBY YOU HAVE CHANCES TO RECOVER THE MONEY SPENT BY YOU AND MORE ALSO . YOU WILL GET DIVORCE ALSO . BUT YOU MUST HAVE THE MENTAL STRENGTH AND ALSO PHYSICAL STRENGTH TO FIGHT OUT THE CASE . YOU ARE DETERMINED TO FIGHT THE CASE . THE OTHER DAY I TOLD YOU THAT YOU CAN WIN THE CASE WITHIN THAT FIVE LACS IF YOU HAVE CONCRETE EVIDENCE TO PROVE YOUR INNOCENCE .

               THAT DOES NOT MEAN THAT YOU FIGHT THAT CASE IN THAT COURT ALONE AND GO THERE ON THE PARTICULAR DAY AND IF THE CASE IS ADJOURNED YOU RETURN HOME .  YOU MUST SIMULTANEOUSLY FIGHT OUT THE CASE IN THE HIGH COURT ALSO FOR QUASH . YOU MUST DRAG HER TO EVERY COURT . SHE MAY GIVE UP ALSO BECAUSE SHE HAS TO SPEND MONEY FOR EVERYTHING . YOU TRY YOUR LUCK . IF YOU ARE TRUE OF WHAT YOU ARE SAYING HERE THEN DEFINITELY YOU WILL WIN -JOSEPH WILFRED - 23/02/2013 -01.16 HRS. 

Dear Querrist

                          THERE IS A RECENT [ ABOUT A WEEK BACK ] SUPREME COURT JUDGEMENT IN 498A CASE THAT MOTHER IN LAW KICKING THE DAUGHTER IN LAW AND THREATING HER THAT HER SON WOULD DIVORCE HER IF SHE DID NOT BEHAVE IN A PROPER MANNER WILL NOT AMOUNT TO CRUELTY AND THE CASE AGAINST MOTHER IN LAW AND OTHERS UNDER 498A CANNOT BE SUSTAINED IN LAW. THE NATIONAL COMMISSION FOR WOMEN HAD OBJECTED TO THIS AND HAD FILED A PETITION TO IMPLEAD THEM IN THE CASE . IF YOU READ THE FULL JUDGEMENT YOU WILL KNOW THAT HOW THE WORDINGS ARE AGAINST THE DAUGHTER IN LAW AND THE POLICE PERSONNEL WHO HAVE REGISTERED THE CASE .-JOSEPH WILFRED - 27/03/2013 AT 20.11 HRS.