Terms of Settlement for Divorce and IPC 498A

Dear Anonymous,

As it is evident from your mail that you need terms of settlement.  First of all if you have not done anything wrong why to agree for their terms and in any eventuality if any settlement has to be reached ast then it should not be coerced one (as it is evident from false complaint under 498A).  Engage a competent lawyer and fight it out - as they say your honour and self esteem should be non negotiable.

Best regards

Daksh

Dear, terms of the settlement are;

that she will withdraw the all cases pending, will not file any case against the husband and other family members under section 498a,406,domestic violence act, 125 cr.p.,c and under any law in force, she has taken all the istridhan, gold ,silver article ,dowery article and full and final settlement in rs 4lac

subhash kumar, adv

Dear Mr. Subhash Kumar,

Thanks for your reply. However, my lawyer told us that I will have to be in India for resolving 498A. After reading many blogs on 498A, I am afraid to get harassed by police in India.

Is there a way to get 498A removed without my appearance in India?

In addition, my lawyer has suggested to pay my in-laws Rs. 2 lacs so that wife would sign a common petition for divorce and we will get divorce by mutual connsent in next 6 months.

What would you suggest for my 498a related query?

I really appreciate your expertise...

-A Victim of 498A

Daksh,

Thanks for your reply.

My old parents cannot bear this emotional and social burden of 498A. Hence we wish to get rid off it as soon as possible. We waited to fight for 498 for more than a year but our lawyer told us that the first hearing for 498A would come only next yr. or so.

Meanwhile, we have won all the other civil sections in the court but this criminal section is lingering for quite some time now...

So yes I agree that since we have committed no crime, but due to huge time lapse in 498A hearing, now we prefer to get over it .

I hope you understand.

Thanks!

Please guide me and my helpless family for the following queries:

1. Can we include IPC 498A clause in Memorandum of Understanding (MoU) settlement? Does 498A get nullified through MoU?

2. After signing MoU, can in-laws go back on their words and break MoU?

3. After getting divorce how much valid is 498A?

- A victim of 498A

Dear Sir,

I have one query related case 498a . when Both the parties (Wife & Husband) can applying for  divorce in family court all the procedure of settlement are completed. After that 7 to 8 months the wife can filed the case 498 a in her native place (out of bombay) & husband stayed in Mumbai.

The court given divorce to the husband but till date he was not received the certificate.

In this case  498 a case is legal OR NOT ?

If legal what action should take the husband.

Pls. suggest immediately

Hi Victim498

If the Mou is of 4 lakhs then why is your lawyer asking for 2 lakhs extra. All settlements should be done in a single MOU

1. Mutual divorce to be filed by whom and when and who will bear the cost

2. She will not file any more cases. as mentioned above

3. I am not sure if 498a can be withdrawn by her .. but she should abandon it and you file a quash petition

For some more info see this

https://www.498a.org

Go to Victim Advise Corner and check the thread "sample compromise agreement"

Good Luck

Please do not accept the terms and fight the case. You will get much more support and after some time they will come and give you the divorce without any alimony. You have stayed only for 8 days.

if a husband asks his wife to stay at her parental home for a few months in letter, and after a few months sends a legal notice stating no reason for her prolonged stay. this was done after she was sent home to bring dowry, but not mentioned in the letter. The wife filed 498a against the husband.  Now the husband has filed a divorce petition with false allegations.

How to file charges of perjury, defamation, etc. under what sections? 

Sathyama Jayathe ! Innocents will never face any issues. Our great law will protect us. Mera Bharat Mahan !

Having said this (lol .. lmao)

My advice: get a gun / cynide and use it against all their family members not just your better half :).

Take care of evidence:
Phone( simcards registered in dead people's name - destroy sim card after job + even the mobile (because even IMEI no can be tracked) ), if you are using hitmen get them from outside town( north get south south get north),do not show face , get small number of people .. 2 maximum (large groups r not effective)
if you have enough cash pay police and get the job done by them (yep .. :) ), if you are such a cash cow, then do one thing .. get arrested n go to jail and do all the above and below mentioned points from there, after mission is executed + 2 weeks come out n go to a long picnic not with parents (let your parents go alone)

its better to face a murder charges in court than 498a

i will explain how: court is full of corrupt people .. after the murder .. you will be in jail (if chargesheeted - if you dont cover your tracks - if you dont get AB (its easy to get for murder than in 498a :) )) for some time .. if you are such a nut that you have not taken care of above, i suggest surrender in court with media - cry and say that you are being framed and get bail - enquire about the judge and APP - bail will be easy -  then pay some bribe to Additional PP .. he will not oppose bail . once you are out of bail .. then its very easy .. to break the case ..

in jail - eat special food (you have to pay), there will be god fathers - be friendly - but dont be a jerk and start showing off - like dont tell everyone you are Sun tuzu - keep mouth shut and cry (good for your eyes) , stay in addmision ward (not with criminal - there will be brokers - mostly the doctors - they will ask 5000 you say ok - pay in instalments), dont fight with anyone, if your jail has games like carrom play it, listen to other's stories and develop your knowledge - question how they could have escaped, dont do manual job in Jail (even if police hits you - earn respect), speak in english to jail supernindent, and do excercise ( join the long timers - foreign nationals for drugs - they will teach you new techniques in excercising)
- dont drink in jail - sleep properly - smile and be merry - but if attacked (not threatened, but attacked) break the opposite guys head (he should not die though :) ) - you can get hospital for this :) .. - study - think of big thing, real big things, you will be surprised how Jail can teach you - yours is a petty case - but you are in a place better than 1000... IIT/IIMs puttogether - make best use of it .. like I went to the meditation hall too :) !! and argued the concepts the teachers told us in english ; the astronishment of other undertrails was so much - i earned respect - I have been to many countries - seen many great things .. but let me tell you mate, nothing like Jail .. I love Jail :) !! ..

God has choosen you to undergo this training (not punishment) for some purpose - search that purpose.

there are many ways to get out of jail .. medical (giving money to jail people - they will take you to hospital - where you can eat sleep study etc - dont flirt with the nurses .. remember dog :) .. they are there for service not for fun .. they are not 498a wifes )
consult a advocate before and after you do the thing .. and be carefull with the advocate .. he should not blackmail you .. plan everything ..

this route:

no need of divorce - no need to fear or running behind dogs -You dont have to waster n years, get into depression or watch your parents age out and die ..

and during murder case,its you vs police( who dont really care after chargesheet and who are overloaded represented by the Additional PP who is generally corrupt to the core) .. but during 498a its you vs pack of real big dirty dogs( represented by efficient lawyer who will take money from both sides)

P/s: my advice is not logically arranged, not properly worded, i just wrote what came to my mind, hey you are free to ignore it - you have n number of dear advocate friends to advice you -follow them - iam not pro/against anyone advice - i wont debate if anyone contradicts me (no time :( ) !! - Just remember (convict) Rathore is f***king abha rathore in AC room, while you are reading this :) !!

Hi...i am Manu and presently live in canada for last 14 -15 months...i have recently seperated from my wife in canada and we both are still living here.. my in laws have threatened my parentsin INDIA and are asking for crores of rupees and also saying that they would not let the divorce happen.

i am scared that they might file 498a and bother my parents . what are my options and how can i have my divorce as her parents are not letting it happen

please advice and save my family..thanks

Don't pay any money.......

Manu both of you are in canada then u shouldn't worry about your parents in india as long as your wife is in canada she cannot just sit there any take any actions on your parents. By the way pls check ur message i have given my contact details so that we can discuss this better.

Be in touch with effective lawyer in your city and her city.

WHat is the exact problem?

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com