Dear Advocates,
First of all I would like to thank you for taking time in reading and responding to my post.
My brother had got married 6 months ago.Afer they had got engaged my brother got to know that the girl had an affair with another guy hence he wanted to break the marriage but unfortunately he was not successful in doing so as he was forced by mine and the girl's parents to get married. He was cornered and din't have an option but to marry her. Soon after they got married he had to travel onsite for a project that was given by his company. He was not very happy with the marriage due to which he did not converse well with his wife. After waiting for 3 months the girl's family had tricked him to come to india so that they could sort the matter and legally seperate them but soon after he came to india they had falsely lodged a case on him under section 498 b from which he was arrested without any proir notice and was remanded for 15 days. Then my family had fought a lot to get him a bail they were able to get only a conditional bail which demonded him to surrender his passport. Since we wanted him to come out we had to do so. Now the girl's family has approached us for an out of court settlement.
So the questions are:
1. When consulted the oppnent's lawyer they suggested that we can Sqash this case. Is it advisible to do so and engage in an out of court settelement, because as per the research I have done I got to know that once a 498 b is filled we have it to fight it out and there is no way that the case can be withdrawn. Could you all please advise on the same.
2. If so what is procedure and what is the sucess rate for the closure of the case.
3. What is the procedure to get our passport back.
