Pinakin Joshi (Independent) 12 February 2015

498a

Against, misc. revi.application, high court directed both husband & wife to go for mediation. There was negotiation of extortion money in mediation centre and agreement had been entered. wherein the condition was 1. that a property valued Rs. 60 to 65 lacs which is in joint name of husband and wife shall be sell out. and out of this amount husband will pay Rs. 21 lacs to wife as one time settlement.

2.both the parties shall jointly put their efforts for sell. they will try to sell the property within six months. In consideration of this amount, wife shall withdraw all the cases filed against husband. In case husband fails to pay the amount, all the pending cases shall be revive from the stage where it is pending.

3. IPC 498A was pending at framing charges, Both DV & CrPc were pending at respondent's argument stage.

Now, the wife didn't made any efforts to sell the property and husband had tried lot, but the property could not been sold. After six month, wife had applied before family court to re-open the crpc 125 case. DV & 498A cases could not been re-opened by her.

Family court had not issued any notice to husband informing that the case had been re-opened. Anyhow he got the message and appear before the court. Now my questions are:

1. Can family court re-open the crpc 125 case ? without going into details that whether there is any breach of agreement or not? on whose part, there is breach?

Reply Follow

2 Replies

(Guest)

Originally posted by : pinakin
	Against, misc. revi.application, high court directed both husband & wife to go for mediation. There was negotiation of extortion money in mediation centre and agreement had been entered. wherein the condition was 1. that a property valued Rs. 60 to 65 lacs which is in joint name of husband and wife shall be sell out. and out of this amount husband will pay Rs. 21 lacs to wife as one time settlement. 2.both the parties shall jointly put their efforts for sell. they will try to sell the property within six months. In consideration of this amount, wife shall withdraw all the cases filed against husband. In case husband fails to pay the amount, all the pending cases shall be revive from the stage where it is pending. 3. IPC 498A was pending at framing charges, Both DV & CrPc were pending at respondent's argument stage. Now, the wife didn't made any efforts to sell the property and husband had tried lot, but the property could not been sold. After six month, wife had applied before family court to re-open the crpc 125 case. DV & 498A cases could not been re-opened by her. Family court had not issued any notice to husband informing that the case had been re-opened. Anyhow he got the message and appear before the court. Now my questions are: 1. Can family court re-open the crpc 125 case ? without going into details that whether there is any breach of agreement or not? on whose part, there is breach?

Yes, the 125 crpc application will stand pending, and is still in existence until such time the court has offered for you both to mutually come to an agreement to sell off such property and act according to terms and conditions which prexisted.

Hence here the solution is keep asking for some more time, or find other ways to fund one time settlement so that she will withdraw the cases against you. Or else start paying monthly alimony part by part via cheque [no online transfers] to wife until such time you or her will find such party who could buy the said house. And also let know the court that wife is hardly trying to dispose off the said house. All the best.

Pinakin Joshi (Independent) 13 February 2015

Thank you sir,

But sir, the property is in joint name. if I pay her full amt. by managing from some other source, she may not co-operate me in selling off the property.