I am from West Bengal and need expert advice for below case.
Married about last 6 months in kolkata last Nov. the marriage not consumated for girls reasons and I filed case under section 12(A) for annulment. In response the girl and girl parent filed false 498 against me and me family in kolkata police station but I have all proof to prove that girl side filed false 498 case. Now the girl party wants to settle the case in finance.
Now my advocate advice me like this: He advice to settle case, but not through MCD but he wants case Sec12(A) filed by us to be X-Party. According to adv. this is good for us becase legally the marriage is disolved & in future their is nothing she can do for disolved marriage. He adviced that for settlement of the case, we will give cheque and an affedvit will signed by both party that this is the full and final payment for settlement and streedhan and no party in future can file any case on each other. Also my adv. adviced me that both parties will visit the police station in kolkata where the 498A is filed and will provide documents (like signed affedevit, cheque detail, etc) that the case is settled and will withdraw attaching all documents.
Also about case Sec 12(A) which we filed my adv. advice me that we get power of attorney from girl with her self attest ID proof and will make another advocate stand for her (because she dont want visit court) and will get this case Sec 12(A) X-Party.
Now my question is 1) Is the way my adv. advice above is good legal way to settle case.. he has suggested to get the 12(A) anulment case X-Party attaching with signed affedevits and not MCD.
2) What best way to pay, the cheque sould be post date?, to be pay after both cases (498A and Sec 12(A)) settlement? or some other way.
3) If the cheque is not post date and they withdrew the money is their way they can refuse the settlement after money withdrawn, provided they already signed settlement affedevit which says this cheque is against the full and final settlement of disolved/divorse marriage and all other items like streedhan is returned. According to my adv. he says if they does so, we can sue sec 420.
