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Anil Kumar Singh (engineer)     14 October 2015

Alimony and divorce

Dear Sir,

I am Anil Kumar from Vizag.

Me and my wife applied for a mutual divorce in July end 2015. We approached a common lawyer and applied for the mutual divorce. Firts petition was by my as she demanded the divorce with me which I have accepted.

Also she asked me 2 lac ruppes to be given with in the six month time which I have agreed all these were accepted by her before the honourable court.She gave her statement clearly to court that she is intrested for the mutual divorce and she need 2 lack rupees and also she accepted that we are not staying together since 2 years past.

Now I am paying her the alimony amount every monthly and I have alredy paid 1.3 lacks to her.

Last month she demanded more 70 thousand which I have accepted to pay since she asked for her further education.

Sir I want to know what if she do not appear on February on the second motion date after taking all the money. WHat to do if she plays game with me after taking money and not attending the court.

Will I need to pay more money if she demands again how to defend if she puts false complaints.

Actually she has some affair earlier and she only informed me about that affair and she demanded for the divorce which I have accepted. I have all the messages which she has sent regarding her affair. All the voice recordings I have got which I had conversation with her and with there parents.

She informed there parents also about her affair.

But she asked me to accept the mutual divorce as she is no more intrested to continue relation with me.

Sir please advise me.

Best regards,

Anil



Learning

 5 Replies

I walk alone (Asst Manager)     14 October 2015

Sir, 2 ways to solve this

  • pls pay the balance 70K on only at the 2nd day. Not before that. For assurance, you can give PDC (Post dated Cheque), payable at least 1 week after the 2nd date.
  • (or) Pay 70K now as per her need and have the same recorded through an agreement. Talk to your lawyer who is handling this MCD.

Anil Kumar Singh (engineer)     14 October 2015

Dear Sir,

I am doing always net transfer to her savings account.

All she has accepted in the court papers and before court.

What will i have to pay again if files contested case after taking all the money from me


(Guest)

Very fishy situation if transcations details is not mentioned in MCD.

If she withdraw her consent then you have to start again from zero.

As per law any spouse can withdraw consent, noone force it.


(Guest)
Originally posted by : Anil Kumar Singh

Dear Sir,

I am Anil Kumar from Vizag.

Me and my wife applied for a mutual divorce in July end 2015. We approached a common lawyer and applied for the mutual divorce. Firts petition was by my as she demanded the divorce with me which I have accepted.

Also she asked me 2 lac ruppes to be given with in the six month time which I have agreed all these were accepted by her before the honourable court.She gave her statement clearly to court that she is intrested for the mutual divorce and she need 2 lack rupees and also she accepted that we are not staying together since 2 years past.

Now I am paying her the alimony amount every monthly and I have alredy paid 1.3 lacks to her.

Last month she demanded more 70 thousand which I have accepted to pay since she asked for her further education.

Sir I want to know what if she do not appear on February on the second motion date after taking all the money. WHat to do if she plays game with me after taking money and not attending the court.

Take and gun and shoot her if you dont mind going to jail and doing time, answer is you can withdraw MCD petition and file new petition seeking divorce which will go on trial and perhaps will get over in a decade or so.

 You can also submit such remaining amount with court itself which upon appearance in second motion will see to it that she signs and you get divorce on one hand and give money on the other. or give a post dated cheque to that effect and later on cancel payment if she does not turn up on second motion.

Will I need to pay more money if she demands again how to defend if she puts false complaints.
You just have to fight case based on merits.


Actually she has some affair earlier and she only informed me about that affair and she demanded for the divorce which I have accepted. I have all the messages which she has sent regarding her affair. All the voice recordings I have got which I had conversation with her and with there parents.
She informed there parents also about her affair.
But she asked me to accept the mutual divorce as she is no more intrested to continue relation with me.
Sir please advise me.
You can use those as evidence if she fails to turn up on second motion in your contested divorce case.
Best regards,

Anil

 

I walk alone (Asst Manager)     15 October 2015

Agree with Gyan Prakash Ji's suggestions.

PDCs are the best option.


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