Regarding seperation
Aditya Sharma
(Querist) 08 July 2012
This query is : Resolved
Respected Forum,
Me and my wife are not willing to continue together and want to get seperated. My next hearing under dowry case in this month but now my in laws are looking for out of court settlement. Now..
1. In their Case,they have shown they spent 6 lakh in marriage however it was not even half of. So what compensation can be charged of??
2. Is it possible to finish all these in coming hearing if both families can agree together at some amount as it has been more than 7 months now since she filed case against us and we still had differences and bitterness.
3. How legally should I proceed..
Please suggest....
Devajyoti Barman
(Expert) 08 July 2012
1. In mutual divorce the settlement amount depends upon agreement between the parties. So you have decide on your own.
2. Closing 498A case may take some time. So you can start formalities before the second motion.
3. Fight it off though the court decision.
MohammedRaffiq Bijapur
(Expert) 08 July 2012
What is the case pending
Is it matrimonial case or criminal?
Wind up ur case in Lok Adalat.
Aditya Sharma
(Querist) 09 July 2012
If both parties agrees at some amount and can get the same documented on stamp papers with signs of witnesses from both sides, then can court dismiss this case in one hearing..
Adv.R.P.Chugh
(Expert) 09 July 2012
Yes the settlement amount has to be decided by both the parties amicably. On the legal side of things they are not entitled to marriage expenses. Insist on a quashing of all cases before finalization of second motion (498a quashing would require her to appear before HC) and pay amount only on second motion via DD/Cheque
Aditya Sharma
(Querist) 23 July 2012
our settlement didn't work and still we are in negotiation. Want to know that we three of family members are on interim and date is 26 and if girl wants to go ahead with charges can we have bail intantaneously or will be handed over for custody and hearing for that too. This query is for UP..
