LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sagar shinde (student)     04 September 2012

Quashing 498a in high court needs mou to be shown?

Hi all,

I have a question, its a genuine 498a case. But now wife and husband live together separately. and husband behavior is tremendously improved. Now he wants the 498a case to be withdrawn. Girls family want a guarantee that he will not physically abuse the girl again.

1) Can an MoU be created where terms will be put and signed by both parties.

2) Can this MoU should to be shown in high court for quashing 498a case?

3) Who should ideally do application for quashing 498a case?

4) What are the major things to be put in MoU?

 

Thanks

regards

sagar shinde



Learning

 6 Replies

Ramesh Potedar (Advocate)     04 September 2012

Answer to a query like this requires an in-chamber consultation. Consult a lawyer in person in your city.

Arjun Gupti (Business)     04 September 2012

498A is about dowry, does husband ever asked for dowry? If no, then girl's family is harassing boy by taking support from this STUPID and BAD law.

sagar shinde (student)     04 September 2012

@Arjun Gupti:  Its a genuine 498a case. Dont look at each and every case with a perception that it is a false case. Girls family have all the proofs, medical records, photos taken in hosptial showing injuries, boys fake educational certificates.

Now the current situation is: Boy's family might have not thought that girls family will file a case. Since girls family was bearing all the harrassment after marriage for 5 years. They might hv thought they will give dowry. Boy was asking for money for his car loan. and also was asking her father to give his business. SInce gir's brother is highly educated and not interested in his fathers business.

Finally, I would say  boy's plans failed and he along with his frnds came at girls family and apologise for everything. Girls family though not easily ready to accept his apology, just because of their 4 year old grand daughter decided to give him final chance. But on some terms and conditions.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 September 2012

:-)

 

Koi shart hoti nahi pyar mein, magar pyar sharto pe tumne kiya.

 

Such agreements are not worth the paper it is written on.

 

 


Regards,
 
Shonee Kapoor

vishak (manager)     05 September 2012

But i think some rajinama can be entered and get it notery

sagar shinde (student)     05 September 2012

@shonee kapoor:  I totally agree with your view. There should not be any agreement/ conditions in love. But, sometimes for sometimes that definitely work. There are many criminals who behave good because they are forced to behave good and they know they will get punish for any crime they do.   

Agreement will be just a formality. Time is the solution for everything. I think if husband has realised this mistake and even wife is ready to forgive him ( Even after she was brutally beaten many times by husband.)  In above case , which i would say a rare case in which Husband wants to live with the wife as he does not want a divorce and also he does not want to give alimony to wife .   Agreement is the only way forward.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register