LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nilesh Kumar   23 July 2018

Need clarity on Domestic violence

My brother wife complained to Delhi mahila thana on Domestic violence and dowry harassment. We took anticipate bail. However police in mahila thana took money from other party and cancelled bail. After that we settled mutually out of court settlement and singed an mou.. As per mou we followed and paid alimony via direct transfer and in return seeker wife cooperation to quash the case.we file quash petition in high Court. However lower court registered criminal case on dowry harassment on all family members. Wife already got money and in no mood to cooperate or come to the court.. What should we do?


Learning

 4 Replies

Siddharth Jain   23 July 2018

You should present the M O U which has been signed by by both the parties in court.

if his wife fails to appear in the quashing proceedings even after taking the money, you can file a case of criminal breach of trust and cheating against her.

For any other queries feel free to contact me at isidjain1@gmail.com

Akarsh Banajiger   23 July 2018

Usually these kind of cases are not settled out of the court. MoU's work under less serious situations but in these kind of serious criminal cases no MoU or Contract can be used to settle the issue. The lady must take back the complaint by herself.

Nilesh Kumar   23 July 2018

What if Lady has intention to do damage or extort money? Taking back complaint will never happen

sulemank   23 July 2018

PLEASE FILE A WRIT PETITION BEFORE HIGH COURT, MAKE WIFE A PARTY AND FILE CASE OF PERJURY

ALSO, YOU MAY FILE EXTORTION CASE AGAINST THE WIFE

ALSO GO AHEAD AND FILE A DOMESTIC VIOLENCE CASE AGAINST WIFE

IF SHE IS NOT CO-OPERATING THEN , ALSO ISSUE HER A LEGAL NOTICE TO REMIND HER ABOUT HER DUTY TO WITHDRAW THE CASE

ACT STRONGLY ACT SMARTLY

APPOINT A SELF MOTIVATED LAWYER

 

AXIS JURIS , LEGAL CONSULTANTS, MUMBAI

9029093494


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register