Legal opinion regarding mutual divorce
Brij Mohan Oberai
(Querist) 04 March 2013
This query is : Resolved
I am a senior citizen, having no source of income, whatsoever, and also I do not have any son.
I have three daughters, you can name them as "A", "B", & "C" and all are married.
Daughter "B" was married to a boy on 15th June 2012, as per Hindu riti rivaz. I spent almost more than Rs. 13 lac on the marriage of my daughter, and I gave good dowry items, including jewellery.
From the very first night, a dispute among the couple took place, which took very drastic turn, and either on the very first night of marriage or even till the girl was at matrimonial home there was no consummation of marriage. These are the written wordings of the lawyer of the boy. The boy sent us a legal notice from his lawyer. First we kept mum, but later on we were advised by some one that we should go to Women Cell. So we went there.
At Women Cell the boy was treated as V.I.P and neither we were listened patiently nor enough time was given to us (mean to my daughter) to explain her problems,
The relatives of boy are influential persons and they are close to Top leaders in the city. We were forced by them for an Ikrarnama/aapsi samjota on 05th February 2013,which we did under the circumstances unpleasantly. Under this ikrarnama/aapsi samjota, the boy is to compensate us Rs. 2 lac on first motion of filing the divorce petition and Rs. 2 lac on the second motion of the divorce petition(Total Rs. 4 lac) + Jewellery which I have given to my daughter as dowry. No other items /articles they wish to return to us
Copies of the following can be shown personally, if the need arise to seek your expert legal opinion:-
1. Copies of the emails written and sent by my daughter to the boy for her jewellery, which I have given to my daughter as dowry.
2. Copy of notice of the lawyer
3. Copies of the complaints given/submitted to the Women Cell by us
4. Copy of the Ikrarnama/aapsi samjota, signed between us.
I and my daughter "B" was threatened with dire consequences by the relatives of boy ,who have good influence with Top leaders in the city.
I wish to seek your opinion can I (mean my daughter) back out from the above signed Ikrarnama/aapsi samjota and go directly to the Court through some competent lawyer?What would be the legal or other consequences, if we opt for this? Would we not be harrassed by the Police (Women Cell)?
I am unable to bear the expenses of the lawyers. What I can do best is that I am willing to give good amount to the lawyer ,in other words commission provided he/she helps us for recovery of the all the expenses,including dowry items from boy side.
The boy is in the habit of abusing me as well as my daughter on the road. Sometimes, he intentionally comes to our ways and use very unparliamentary language, which I cannot put on record you can well imagine his un-parliamentary language He also threats my daughter with dire consequences
Please help us to the maximum by giving your expert legal opinions.
With regards.
BM Oberai
R.K Nanda
(Expert) 04 March 2013
QUERY TOO LONG.CONTACT LOCAL LAWYER.
Nadeem Qureshi
(Expert) 04 March 2013
Dear Mr. Oberai
No need to worry, first of all file a complaint before court against them for cruelty as you informed in your query along with the section 504, 506 of IPC, if there is some dowry demand you can also file a complaint u/s 3/4 of Dowry prohibition Act, 1961.
Feel free to Call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
Raj Kumar Makkad
(Expert) 04 March 2013
I strongly oppose to accept such ikrarnama got signed under coercive methods in the presence of the women cell. You should move an application to local magistrate to provide you free legal iad keeping in view your present economical situation. You then need to file a strong case of dowry demand, cruelty /harassment etc. and all those e-mails shall duly help your case which you have mentioned in your query. Your daughter should also file DV act case and 125 Criminal procedure code case for regular maintenance.
She shall definitely get justice. don't go with divorce and seek protection of police as your son in law get threatening to you all coming in front of your house.
Brij Mohan Oberai
(Querist) 24 November 2013
My daughter filed two cases u/s 9 of HMA and u/s 125 Cr. P.C in Faridabad District Court. In lok adalat (23.11.13) she has withdrawn both the above petitions, as her husband agreed to take her to back to her matrimonial home within a week (i.e. by 29.11.13).
I need your expert opinion/suggestion for the following:-
1. I wish to know whether the ikrarnama signed earlier by my daughter and her hussband on 6.2.13 stands null and void or in force?
2. Can her husband again go to the Court to seek divorce from my daughter on the basis of earlier signed ikrarnama?
Thanks & Regards to the entire team
BM Oberai
