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My wife filed 498a,504,506,406,323,3/4, DV where I took the bail for
03-Sep-2024 (In Family Law)
My wife filed 498a,504,506,406,323,3/4, DV where I took the bail for me and stay for parents. Later on I made the compromise and I submitted the copy of compromise in high court. Where they directed me to visit the lower court with wife and parents. If my wife does not coperate with me for further proceeding what all outcome can be occurred and what can be the other resolution. Is it possible if I visit the lower court with my parents without my wife to submit the copy of direction. Please help
You can visit the Trial Court with the Order of the Hon’ble High Court and the MoU signed between you and your wife. The Court will appreciate the evidence put forth and grant you relief, unless the same Is objected by your wife. However, if your wife has agreed for the quashing before High Court there exists no further need for her to appear before the Court.
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Adv. Sufiyan Firoz
Delhi | 50+ Answers
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Yes...you can always submit the direction as given by the High Court to the District Court without your wife. And on the basis of settlement you can always apply for mutual divorce in the family court and also quash the FIR from the High Court. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Your wife is the only one who will settle all the matters by doing an agreement of settlement if she moves away from the settlement the cases will drag in the court you have to defend all the cases but there are many other option opened for the husband so call me for further details and information
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Adv. Anupama Sharma
Delhi | 200+ Answers
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in family cases such as 498 a ipc and other supreme court has given the direction to be followed by the investigating officer in the light of Arnesh kumar judgement. Investment officer will give you notice under section 41a in order to join the investigation and put your case before IO and so join the investigation when IO serve you notice or calls upon telephonically. bail you can furnish before the court at the time of summons or notice issued to you.
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Adv. Arjun Singh
Delhi | 25+ Answers
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In your situation, the High Court's direction for you to visit the lower court with your wife and parents is based on the compromise you made. However, if your wife is not cooperating, it may affect the progress of the case. Non-cooperation from her side could lead to further delays, and the court may ask for an explanation or impose penalties if it feels that one party is unnecessarily stalling the case.
You can visit the lower court with your parents to submit the copy of the court's direction. However, the court may still require your wife’s presence for further proceedings. You should bring up the issue of non-cooperation before the lower court, and they may either summon your wife or provide directions for the next step.
If your wife continues to not cooperate, you can also approach the High Court again for further instructions or file a contempt petition if her non-compliance violates the court’s order.
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Adv. Qausar Khan
Delhi | 50+ Answers
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