Legal Question in Family Law in India

compromise

my wife filed false 498a against me &7 family members 3 yr back. father in law used his power & money to defame me in newspapers & threatened me many times. Inbetween i filed RCR petition & she filed divorce petition. now one of my friend is trying for compromise between us. As 498a is noncompoundable, how to get rid of 498a? what is the best way to settle the matter? what points to be noted down on paper in the court? is it better to compromise or fight 498a till end ? There are no concrete evidences against us except few sound recordings which has also nothing substancial.

THANK YOU!


Asked on 7/12/07, 4:23 pm

6 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: compromise

better get is resolved by compromise. file quashing petition in high court.

For further detailed advice please contact personally. Consultation charges will apply.

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Answered on 7/17/07, 3:43 pm
kavitha balakrishnan kpp associates

Re: compromise

first get an Anticipatory bail! save yourself and family!

compramise is good - it should be substantial - legally done.

contact a lawyer in person.

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Answered on 7/13/07, 1:19 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: compromise

good afternoon

compromise is healthy but do it legally not verbally and get an anticipatory bail first of all in interest of your family and yourself

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Answered on 7/13/07, 7:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: compromise

it is always better to compromise the matter; before arriving at a compromise you should cleanse ur mind and soul about this fighting business; as a matter of fact the two options cannot be considered simultneaously. your target should be to make a happy family home;

as regards papers formalities, you just need to bring your home and start living with her; an affidavit from her that she has joined the matrimonial home and is living with her husband after forgetting the past is enough. the criminal case can be dropped on that basis.

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Answered on 7/14/07, 12:49 pm
rajeshwar sharma rajeshwarnathsharma

Re: compromise

You have not cleared whether you both decideed to get divorce or your wife is willing to join you. However in case if you both have decided to end the relation than obtain the divorce by mutual consent otherwise sort out your all dispute by mutual consent and reduced the same in your pending cases.

Compromise is always better recourse to solve the disputes.

You both have to file petition u/s 482 Cr.P.C. in the High Court to quash the F.I.R. registered u/s 498A. For further query contact me

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Answered on 7/13/07, 10:51 am

Re: compromise

It is strongly recomended to compromise the case.

If the court allows it is better to compromise before the lok Adalat or other wise you have to make the witness Hostile to get out of 498a.

Terms and condition shouled noted as per the compromise in between you.

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Answered on 7/16/07, 7:16 am


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