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kumar (private employee)     18 May 2009

How to Find Solution?

HI,

This Site Really Helps Me Alot

Thanks For All Experts Who Given Advice.

I Got Married 2008 March. My Wife Left Home Without Any Intimation and she styaing with her parents from Last 6 Months.

3 Meets already happen between Myself and Her family Members [Her Father & Mother] But No Result.

I put my Issue in this WebSite..I got Advice From Expert to FIle Notice to Her

I send Notice but They Filed Case Against Me in Court Divroce later they put criminal case on  me 498..

But later Involvement of Polic CI..Both parties writeen aggrement to Pay Sum Amount....

We going to Pay 50% Initial then we both can apply Mutual Consent..

We are ready with 50% Cheque...Now She not Responding...

Please Help me In this issue, My QUestion is

-> After She Signed on Document and also she return back 498 Compliant case...Will She again having Authority to File Case ON Me..

How Do i Proceed Further..

 

thanks

 

 



Learning

 22 Replies

Swami Sadashiva Brahmendra Sar (Nil)     18 May 2009

No . if she files a case u/s 498 A IPC after settlement , you may approach to high court under s. 482 Cr.PC

adv. rajeev ( rajoo ) (practicing advocate)     19 May 2009

I agree with Dr., U meet the elders who were present at the time of settlement and convinced ur wife to file mutual divorce petition and get it referred to Lok Adalat, where in u  can both file compromise petition and in that petition u mention all the things and amount paid to wife.  Why I preferring lok adalat is because orders passed in LA cannot be challenged.

kumar (private employee)     19 May 2009

HI Rajeev and Tripathi,

I am Very thankful to you..Actualy i want to give more clear information..

Its Oneside GameShow..CI called myself and my parents and He talk such a Rude manner...we jst stand as a Accuse even though we didn;t done any harm to her...

She Talk very Bad language in front of CI even CI didn;t take any action and he support GIRL Side Only...

 

Only finally CI made settlement for 4Lac...MySelf,MyFather and Mother, Mywife, her father and Mother...signed infront of CI..

but before she Filed Divorce Notice without my concern...

we ask time for 1st Payment [2 LAC] 10 Days time...now we got cheque and we ready to pay to her..

but when we ask hwer to come..she telling..she have job..no time..she will come after some time...

SO there is no elders..only my parents and her parents and my lawyer with CI only

Yes According to Mr.Rajeev advice we already mention in terms that first payment she must sign on Mutual COnsent...

If she make Late or postpone...then what action should i take..

can I directly go to LOK ADALAT...and file Case Agains Her..because why means...

She expect mroe money from my side But CI Settle price..

Is there any chance..that after she sign on that document...WILL SHE Go for Alternative to claim more money....

because she misuse 498...and also settlement for 4lacs she sign..now will she again

go to court and claim on me..more amount...

 

please kindly advice.,...

 

 

Swami Sadashiva Brahmendra Sar (Nil)     19 May 2009

Yes. for a technical judge, the case will stil stand but for an equitable judge, now it will amount counter cruelty by wife against husband and it will provide scope to think for circumstances wherefor statutory law is biased and provides no remedy. thus in such circumstances a just judge should envoke his powers under s 482 in the ends of justice .

kumar (private employee)     19 May 2009

hi Mr.Prabhakar, thanks for your answer.

.But the lady accept the amount..she herself given complaint on me becasue to make settlement..she taken one day time later she sign on document..to accept 4 Lac Sum...without force of anybody....

After Signing of Docment by reading of  Contents mention and also By her lawyer infront of all..

Is again she have powers to cancel that document and case against me...

then what is value for that Document?

kumar (private employee)     19 May 2009

Hi Prabhakar,

Then in such a case what kind of  measures do i take..

My father is heart patient...i dn;t want to put any pressure on my family..

what i do now...

 

kumar (private employee)     19 May 2009

already She signed on aggrement with her parents signatrue and my paents signature..we are very respected family and middle class..the amount we paying..is only savings we made and gold we are sellling..now after paying 4lacs to her..again i have to back to Pavilion...Only thing is iam looking to settle this issue in a safe manne...No Surprises..Can you Guys do Help me..

 

kumar (private employee)     20 May 2009

Hi Mr.Prabhakar,

As per Document we suppose to pay Monday[21/5]...still now she didn;t take cheque...

adv. rajeev ( rajoo ) (practicing advocate)     21 May 2009

Why dont u file a divorce case against ur wife. Any how u have got agreement with u signed by ur family members and ur wife's family members.

after filing the case u can request the court to refer it to lok adalat, there u can settle the money matter, because everything wil be recorded by the court.  Once it is recorded and petition is allowed ur wife cannot do anything.

kumar (private employee)     21 May 2009

Hi

Today we given DD to Her Amount wht we Commit as per MOA...She Accept DD and signed on RS 20/- Aggrement Paper..

Actually She Filed Divroce Against Me..I got notice from court to apper 9 th June..

now On 9 th ..WILL I APPEAR on Court..and Accept Divorce Petition..

She Signed on Acceptance of Received of Cheque/DD.....

 

My Question is ..Now IS there Misuse of this opporutnity from her side or not...?

 

 

 

kumar (private employee)     21 May 2009

Hi Mr.Prabhakar,

today she accept the cheque and signed on aggrement paper...actually its bankers cheque..24hours she can encash it...

she filed divorce case against on me..

i have to go family court on 9th june..

our aggrement is both parties should go mutual consent...

please advice me that...is we are going in right direction or not...

is there any opportunity to her..again to claim for maitiance..after she sign on Permenant Anamoly..

 

 

kumar (private employee)     22 May 2009

Hi Mr.Prabhakar, Thanks For You Support...

So On June 9 th, After i Apply For Mutual Consent...Shall i go to LokAdatlat..For Early Divorce or Shall i wait for 6 Months...

Can i Convert the Mutual Consent after to LokAdalat..Can you Please Tell the Process..In Case if there any Opportunity For Early Divorce...

kumar (private employee)     23 May 2009

HI Prabhakar

The Amount Bankers Cheque we given to Her with Surname of My Family Because Still She is My Wife..But She asking Me cheque with her Surname...

we given cheque as per MOA...

We are Doubtful about Our lawyer ...

Is it Mandatory I need Lawyer for Mutual Consent and at Family Court?

Becasue you know already Aggrement also over...

 

 

 

 

kumar (private employee)     24 May 2009

Hi Prabhakar

Thanks For Your Response

Actually we are From Orthodex Family..We Dn;t know Police Stations and Court..we Never Face these situations..and Other Party [ My Wife Side] made False Allegations against Me and File Divroce Case Against Me...God Grace There is no 498 Case Severe Against Me So Settlement and HandOver Cheque is Over..Due to Her Behaviour Each Step we Are thinking Skecptical...

Ok I will Follow Your Advice..But Fun thing is My lawyer is Spending More time wth other party...I mean he talking with them..so i am jst wondering..whether to believe Lawyer or not..

My Question..is in Family Court...How is the Procedure...

-> is judge will talk with wife and husband...

lawyer from both sides will interact ...how it process....

here How much role play by Laywer..only to file Mutual Consent petition extent..or inside court..Will my Lawyer defence with judge...

 

can you please clarify me..


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