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pramod (Senior Software developer)     29 October 2012

Inquiry regarding pre-litigation case

 

Hello,

this is regarding the pre-litigation case.  Case history goes like this

i was in love with one person earlier. after sometime due to some reasons we broke up.

when my marriage was settled with a different person, the first person lodged a complaint against me that i am already married to her. and she produced some false photos at the police station.

since the marriage date was very close, we had no choice to yield to the black mail and pay her the money.

Our lawyer suggested that she file a pre-litigation case against me in the magistrate court and we would pay the money in front of the magistrate. we did so and she withdrew all allegations against me in the court.

I am yet to recieve the court order even after 2 months.

I wanted to  know whether this kind of case has any "true" legal value? And the person  can lodge further complaints/case in future? am i safe even in future in this marriage scenario



Learning

 5 Replies

Arvind Singh Chauhan (advocate)     29 October 2012

First time i am hearing such type of scene-  """

Our lawyer suggested that she file a pre-litigation case against me in the magistrate court and we would pay the money in front of the magistrate. we did so and she withdrew all allegations against me in the court."""""""

 

What type of case she filed. IT was RCR or something else ???


Whatever it was,  it's result depends on the work done in file of the court.and on order /judgment of court.

pramod (Senior Software developer)     29 October 2012

Hello,

 

Arvind, i have obtained a copy of the decree being passed. it does not contain a sign on the court seal though. 
but in the draft it is clearly mentioned that she is withdrawing the allegations of marriage and there shall not be any relation whatsoever with each other in future.

my question is is this a valid and strong enough to with held any problems in future. i was expecting a civil case to be filed. but since we have a time constraint, lawyer suggested to go through this way

Rahul Kapoor (Legal Enthusiast)     29 October 2012

no legal value. as she has to produce the evidence in the court to prove her marriage with you. 

pramod (Senior Software developer)     29 October 2012

She had produced some fake photos, fake invitation cards along with few person as witness at the police station. same documents were mentioned and provided at the court. draft also mentions that all the documents submitted by her are fake and they have no value. 

so are you saying that this kind of a decree does not has value?

pramod (Senior Software developer)     29 October 2012

Arvind,

Even my family had similar concerns about filing such case. but they informed that since she is filing the case against me and she herself is withdrawing all the allegations in front of the magistrate, this would be considered as mutual settlement and case shall be closed. 


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