13-B to compromise 498-A
5 years ago
nmshkar,
wife has entered into 13-B on 29-03-18 receiving 2 Lakhs by D.D. and future payment of 3Lakh(deposited in Lko fmly court) contigent on condition of quashing of criminal case u/s 498-A,323,504,506,420 3/4 d.p. act.Wife was absent on 15-10-18 which is the 2nd motion date given by court. Husband and his family members(in total 6 persons) are presently on interim Bail in 498-A extended thrice firstly upto 20-09-18 & then up to 6-10-18 & then 23-10-18.Tomorrow is Appearnce date ie. 23-10-18.
Now what to do.
You are governed by Hindu Marriage Act,1955 and 13 B is Divorce by Mutual Consent.Since you have filed on 29/03/2018 this Case would have been finished within 6 months.Why your wife is delaying?Talk directly and find out the reasons of delay.Once you know the reasons and share the case details we will find out ways and means legally to sort it out.I would prefer if this can be done through an Advocate of Vidhikarya.com
Shanti Ranjan Behera,Advocate
ANURAG SRIVASTAV
Replied 5 years ago
Sir my wife lodged FIR u/s498-A 323 504 506 420 3/4DP Act on 9-4-16.Also filed 12HMA &125 CrPC in Lucknow fmly court subsequently. In pre court mediation She was asking to write on file that I will live with him seperately in Lucknow fmly (I m living with my parents in Barabanki)which I flately refused.The I.O. was obliged by my bro in law(Allahabad Bank employee) by changing his Black money of lakhs to new currency in Dec 2016.i.o. was also demanding 10 lakhs to me which I refused resulting in chargesheet accusing in single line-Aarop bakhubi siddhh hue.I persuaded my wife to return upto Nov 17 but she refused.from Jan 2018 she was asking to return which I refused due to long suffer ing.ultimately 13-B settlement arrived on 29-3-18 on alimony of 5Lakhs out of which 2Lakh d.d. was paid on very same day I.e.29-3-18.The remaining amount been deposited in Fmly court of Lucknow which the wife is eligible to withdraw on after divorce+end of 498-a in which she had to co-operate,was a Clause of 13-B.The second motion given by PJ/Fmly court was 15-10-18 on which wife didn't turn up to Fmly court northern she submitted any reason in writing or Hajirimaafi application.She is now saying that she will not abide by the terms of 13-B & flashed what's up staus-"Jaane Tumhe Denge Nahi".on the other hand in 498-A she managed NBW due to non appearance ( No summon received till date of issue of NBW) in order to make pressure to allow her malicious return.Presently I &my family members (total 6 persons )are on interim bail upto 13-11-18.judge has also ordered for mediation from 5-11-18.Now what legal remedy I have due to wife defying 13-B even after taking 2lakh.
Shanti Ranjan Behera
Replied 5 years ago
Dear Client,
Attend the Court date without fail.
Talk to the Judge of the Family Court in his/her chamber( not in the Open Court).Explain your position. Send the information to me.
Try to find out a good Advocate through Vidhikarya.com.
Shanti Ranjan Behera
Advocate
Deepak Yashwantrao Bade
Responded 5 years ago
ANURAG SRIVASTAV
Replied 5 years ago
No vakil sb it is neither in favour nor agnst me presently.The CJM in whose court my case is listed is demanding 1lakh as Bribe for giving permanent bail.He was also not avlbl on last 3 dates on which bail extension is granted by Link officer spcl CJM.on 23october the interim bail get extended to 13Nov with an order of mediation b/w parties starting from 5-11-18.The situation is not very clear.kindly advise.
ARPIT BATRA
Responded 5 years ago
Get quashing of 498A in High Court before second motion and get second motion adjourned till that time.
ANURAG SRIVASTAV
Replied 5 years ago
Nmskar kalaskar saab I m a Rly Engineer posted in lko.482 already Dismissed in Lko HC for quash. Taken bail fulfilling HC direction.A post condition of 13-B after divorce decree is that wife will co-operate in getting 498-A quash.But as remain absent on 2nd motion i.e.15Oct the next date for saturating 13-B compromise is 8-12-18.As I hv mentioned I & family is on interim bail upto 23oct so today I am present in CJM lko court for permanent bail which hasn't been so far granted after 2extensions in interim bail.pl.advise.
Rajender Prasad
Responded 5 years ago
ANURAG SRIVASTAV
Replied 5 years ago
Sir.thanks for responding.wife hasn't so far given Hajirimaafi orpost absence application in Lio family court.The 13-B agreement which mentioned the 2Lakhs DD no & post divorce decree legal boundation of wife to co-operate in getting 498-A quashed is already filed in court in bail application.CJm lko is also corrupt & demanding Bribe of 1lakh
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