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Ajay (dsg)     21 July 2010

Divorce question

My wife has filed DV and 498a cases (ofcourse false accusations) on me and on my parents. They forced us to pay lumpsom amount to settle the case in our cast panchayat. Now she has withdraw the cases in lok adalat after taking money and now filed divorce and mentioned the same reasons that she has put in DV and 498a. can she use same reasons to get divorce ?  I heard somewhere that if a case is settled in lok adalat by mediation no one can appeal any where.. but how can she use the same reasons to get divorce ?



Learning

 7 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 July 2010

Dear Author,

I want to know that during the compromise what were the conditions. U can call me at 9871158578

Arup (UNEMPLOYED)     21 July 2010

ACCORDING TO THE LAW OF THE LAND; SHE HAS THE RIGHT TO DO SO. ALSO YOU HAVE THE RIGHT TO PROOVE IT FALSE. THEREAFTER CHARGE DEFAMATION

Arup (UNEMPLOYED)     21 July 2010

YOU PUT YOUR SETTLEMENT PAPERS BEFORE THE COURT WHERE DIVORCE PETITION PENDING. IT WILL HELP YOU.

SHE CAN NOT APPEAL AGAINST THAT ORDER BUT CAN FILE A FRESH CASE.

SHE DID IT .

NOW YOU PRAY ALONGWITH THE SAID PAPERS BEFORE THE COURT THAT THE MATTER ALREADY JUDICIALLY DECIDED, HENCE RESJUDICATA.

RESJUDICATA. MEANS ALREADY JUDICIALLY DECIDED.

AS MATTER  ALREADY JUDICIALLY DECIDED, THEREFORE NO COURT CAN TAKE ACTION AGAINST IT.

IF THE LOWER COURT DO NOT HEAR YOU  THEN YOU HAVE TO GO TO HC, NO OTHER WAY.


(Guest)

I agree to Mr Prabhakar's thoughts. On one side you talk of settlement of issues before 'panchayat' then you got confused about settlement of issues before a "Lok Adalat". Both are different entity for same question i.e of settlement. Check and revert actually where actually the 'settlement' took place and what were the points of settlement for correct advise.

G. ARAVINTHAN (Legal Consultant / Solicitor)     21 July 2010

you can prove that the cases are withdrawn after payment of lump sum and can contest the case

Ajay (dsg)     22 July 2010

Thanks for your replies...

I onlu know how they tortured me and my family for this lumpsum amount. They even didnot allow us to apply for a anticipatory bail.

In lokadalat she withdraw the cases saying she has compromised by getting lumpsum amount of money.
My question is if I prove the accusations were false in divorce case, then lokadalat compromise should not be valid right?? How to get justice in this?


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