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?
