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kumar (private employee)     19 July 2009

U - Turn

Hi

Iam Kumar....My Issue is contuning from last 5 Months

Guys..my process with Family court is quite Dragging..I can expet you guys can help me and give good Suggestions..This is my question

My Wife file petition in court against me that iam Impotent..later she given 498case..we both came settlement..i payed first 50%..later i got court notice to attent..[She Filed Petition]..then both parties request..Judge..to Lok Adalat..Then Family Court Judge..refered to Lok Adalat..today i appear [ saturday] lok adalat..{ Here Soem Twist}...in MOU i suppose to pay second Instalment at time of Divorce..So my lawyer and other party laywer..advice us to exchange Belongs..and i given bankers cheque..to her and she given gold..its happen before we go for hearing..everybody thought that we get Divroce..finally...judge ask me that iam accepting..allegations that she filed aginst me..that iam impotent..i told that iam ready to accept divorce but iam not ready to accept that Iam Impotent..finally..Judge at Lok Adalat..again refer to Famly court judge for Mutual Consent..

Now My Questions Is..According to MOA..we paid two instalments of amount to other party...But what we expect today that I didn;t get divorce...If i go to Mutual Consent..again i have to wait for 6 months....Is there any Possibility..that Other party misuse..because they got money...

can you guys please help me inthis issue..

Do i suppose to wait another 6months..how do i procceed...

Is i Did right thing..that iam not accepting..iam not Impotent { its true iam not Impotent]...But Other side party lawyer she..later..scold my lawyer that why you people not accept the Allegations...

If i got divorce..will they write that becaue iam Impotent i agree for Dirvorce..

Please respond for my questions..

thanks and i appreciate

 

 

 



Learning

 1 Replies


(Guest)

The thumb rule in any settlement exercise is to get quash of CrPC / IPC cases first then go in for divorce. Divorce decree is just for framing in yoru drawing wall but quashing crpc / ipc cases goes long way for everyone's peace like agreeing for part payment at the time of co operation for quash of IPC 498 then exchange streedhan and other items and then joint mutual consent divorce petition and some part payment at that time and rest when Decree sheet is prepared / awarded.
Now, in presented synosis I feel without hurting anyone here that u have been tricked into settlement by some Ld. people and or u r not intune ot legal systems and that is the reason u r being put back into the same system which is suposed to help u out of it !
I repeat here I donot want to hurt sentiments of Ld. members but this is case were this person has been tricked and it is very obvious from his synopsis so don't take me wrong.
Que. here is was it a pvt. settlement or was it stement given in court based settlement? Lok Adalat request was it based on mutual consent route with settlement statement or simply joint request to settle made by parties? U still can be rescued.
There are citations of DHC as well as SC which says where settlement once arrived can't be retracted by parties and that is where the conduct of parties are highlghted to get settlement terms and conditions get going. Many people miss the conduct part which is what I feel. In you case conduct will play a major role if u now approach HC with stay of lower court proceedings and get settlement executed as per terms directions from HC.
Also I feel u hurried for divorce before paying way for quash of IPC / CrPC cases and left a upper hand to wife's side which is now double edged sword she is enjoying. God bless u and may right path shown to u.
Impotenny is curable and is a temp phase of a man's life. Why u got so worried on some bald allegations of her and hurried with settlements and all that mess ups now?
Dear by saying not accepting to allegations means u r paying way for alternate relief in a divorce proceedings which is why lower court asked u to go back again and it surprises me the course u followed from begining there is some missing element of following procedures by someone among u two parties which has minutely messed this case.
Contact a good ld. counsel in your city or from this forum wth pros and cons discussion and it is a doable stuff within limitation is what I feel. All the best.
Rgds.,
D. Arun Kumar, New Delhi


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