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sam munjal (na)     22 April 2012

Guide me

sir i want one advice from you my matrimonial stellement happend in court on 225000 along with admitted items she has taken admited itmes in police sation and 125000 recvied by her in court before the judge now she is not giving mutal divorce and not withdraw domestic vloince as per agreement we filed contempt in famliy court where our matrimonial stellement taken place but they dismissed our contempt in our agreement it wirten that she will coprate to quash 498a 406 after the decree of divorce now she is not giving divorce should we go for qushing of 498a 406 and dv please guide me



Learning

 3 Replies

**Victim** (job)     23 April 2012

This is why i tell everybody why make money settlement ? Isn't there any other way to solve issues ? Same mentality in our society is spoiling everybody.

Just assume that your wife didn't follow contract therefore she owes you money back. You will have file a peition in court asking for your money since she is not cooperating with you for mutual consent divorce.

Tajobsindia (Senior Partner )     23 April 2012

@ Author,

1. Compromise once entered by parties in Matrimonial suits cannot be waived off.
2. Considerations as per entered Compromise once fulfilled by one spouse leaves no scope not to fulfill rest of the terms and conditions of Compromise Deed in matrimonial cases by other spouse.
3. The que. here is what about balance Rs. 1 L out of total consideration of Rs. 2.25 L as there is no smell of it being given to her in your above brief ?
4. You need to show as in Chamber discussion all certified papers of your case to receive consultation on your query.


Hence based on missing fact as in above para 3 clubbed with not reading down full text of compromise deed and Orders / Statements of parties as in Chamber discussion it becomes difficult for us to guide you if you may opt for unilateral Quash in HC or not. BTW unilateral Quash based on considerations fulfillment is norm if other party is showing above attributes as in your brief but keeping solution to your main que. pending in absence of case paper reading. 


You may contact as in-person any one of my brother Advocates as per LCI list as per your Jurisdiction with whom you feel comfortable discussing your case papers and its absence this query is bit confusing to provide solution is my view.

Anjuru Chandra Sekhar (Advocate )     23 April 2012

She should turn hostile to her own priorly admitted statements then only quashing takes place.  Otherwise judgment will follow either in  your favor or her favor.


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