Raktim Kundu (Manager) 30 September 2012

Ex wife changing versions (498a)... pls help

Hello,

Me and my ex-wife dissolved our marriage 2 years ago and got mutually divorced. We both agreed upon a few pointers one of which was TO WITHDRAW ALL PENDING CHARGES against each other (including a false 498A case). My ex-wife also agreed that she won't take any maintenance as she is already a salaried person.

A year ago, my lawyer asked her to submit a compromise petition which she did too.

A few weeks ago, my lawyer contacted them and asked to come to court and plea to the judge and dissolve the 498A charges. She agreed but didn't appear in court. Summon was issued.

She did come but changed her version completely. She recited all the false alligations filled earlier during filling of 498A. The public prosicutor asked her a few questions and she answered them with ease (it seemed both reharsed multiple times).

What are the implications now? Will the DV agreement & the compromise petition still hold good in the court of law? MOST IMPORTANTLY can a person change her versions like this in front of the judges?

Regards,

Raktim

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3 Replies

Tajobsindia (Senior Partner ) 30 September 2012

It seems you were not available in India 1 year ago just after MCD Decree in hand to peruse your case that is why you are probably adding and allow me to now quote you “A few weeks ago, my lawyer contacted them and asked to come to court”.

Be it so, you can still be rescued provided clarity cometh on below bullets;

1. Which State / City this compromise case was filed?
2. Are both S. 498a and DV complaint cases still pending and is only you arreyed as accused / respondent husband respectively herein?
3. In MCD were all settlement done in terms of handing over / taking over?
4. In MCD did you comply your part of the agreement?
5. Now after this recent APP episode which you narrated before us, what is the status of above two complaints' compromise case?

You need a more competent Advocate this time to bail you out from long pending cases!

Raktim Kundu (Manager) 30 September 2012

Sir, Thanks for your prompt response.

I was available throughout the entire episode. It was the lawyer who wanted to delay the criminal case so that the case can weaken over time.

1. Which State / City this compromise case was filed? - Kolkata, WB.
2. Are both S. 498a and DV complaint cases still pending and is only you arreyed as accused / respondent husband respectively herein? - DV is closed 2 years ago.

3. In MCD were all settlement done in terms of handing over / taking over? - Yes everything done.
4. In MCD did you comply your part of the agreement? - Yes.
5. Now after this recent APP episode which you narrated before us, what is the status of above two complaints' compromise case? - This was the first hearing date. On next date my lawyer will submit certified copies of the DV, compromise petition.

Looking to hear from you!

Raktim Kundu (Manager) 28 February 2015

Can someone pls help me out!!

CURRENT STATUS: We approached Kolkata High Court and appealed for quashing under the MCD agreement passed by the Senior Divisional Magistrate. The honorable justice of Kolkata HC heard our petition and passed an order on Aug 2014 staying all lower court proceedings irrespective of whether the charge sheet has been submitted or not. We also appealed to file a joint compromise petition to quash 498A which was granted too.

However when contacted, the other party sought Rs. 10 lakh (blackmailing) to file the joint petition which we disagreed. I spoke to their lawyer who is pretty reputed and experienced. He too seemed frustrated with the girl and his family but his hands are tied.

Can we seek exparte from Kolkata HC? What is the right thing to do?

Please suggest and advise urgently. Its been 7 years now I am fighting and I am not sick and tired of the system!!

Thanks.