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Ezaan Khan   17 November 2024

Withdraw cases after money paid

sir,
both parties husband and wife made MOU agreement that after withdrawing cases money will b paid in Honble courts thru cheques.
the cases r in both courts jr.court and in high court. In jr.court one case has been settled by paying one cheque now pending honble high court she is party in person who filed the cases now in that one case there is one comtempt case also how can v withdraw cases. she is saying its not her responsibilty to appear courts to withdraw cases. pls guide whos responsble to withdraw cases and she is forcing to pay money before withdraw cases.
pls advice wat shud b done.thx


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     17 November 2024

If the contempt of court case was filed by her,  then it is she who has to withdraw the case. 

You may pay the amount by  DD to her by giving her the photocopy of the DD in advance,  hand over the DD after she appears before court on the date of hearing in front of the judge so that she cannot dodge you 

 

P. Venu (Advocate)     17 November 2024

Facts posted are too vague and disjointed to make any meaningful suggestions. Please repost the facts making them comprehensible and the issues, if any, precise..

Dr. J C Vashista (Advocate )     18 November 2024

What were the cases between husband and wife ,wherein MoU is stated to have been executed and agreed for payment through cheques?

Which is junior and which is High Court where the case(s) are pending / stated to have been settled ? 

How does it (settlement/MoU) affect the facts of case(s) when she is stated to be "party-in-person" or through her lawyer, if any ?

Can there be a "contempt of court" for non-payment / dihonour of MoU between husband and wife ?????

Facts posted and queries raised are vague and not clear.

Presumably it is not your personal case, isn't it ?


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