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Kunal (personnel)     14 November 2013

Alimony negotiation

Dear Law experts,

my wife has filed 498A,DV,Crpc 125 and in return i filed divorce case which also she challenged  for transfer to her place at SC which i also chalanged at SC and decision is pending . now one mediator  who himself  is advocate has  initated peace talk between both of us and our family . now my wife's father is insisting all of us including my parents to come to his house only to discuss further about one time alimony and decide about mutual contenst divorce.

my question is that how safe is it for me as well as for my parents to visit my in-laws house to discuss about terms for negotiation of alimony .

we had bad experience about my in-laws that when i went to my wife house to take her back and they filed 498a and mentioned that i had beaten my wife at their house.

can they file any further police complaints or cases if we visit their house?

 

what precaution steps should we take before visiting in-laws house ?

waiting for your expert opinions



Learning

 11 Replies

sandykrish (Interested in Family LAW)     14 November 2013

@Kunal it is a very common sense question. When the matter in court any advocates would advise that not to keep any interactions between the aggrieved parties. The best scenario is for your Advocate to contact the other party advocate and keep him posted that they would like to sort out matter in Lokaadhalath, the Judge will help you negotiate the matter of Alimony and you can come to a common consensus via MOU and go for first motion MCD then you will have a 6 months cooling off period and once the second motion is passed you will get the decree of divorce.

 

Ensure while negotiating the Alimony ask her to withdraw the cases and be sure you stick on to your budget as gal side might extort money from your family.

 If you need any assistance please feel free to ping me PS. I am not a Lawyer

Kunal (personnel)     14 November 2013

Dear Sandykrish,

thanks for your reply.

but here my wife and her family does not want either my advocate or her advocate to participate in negotiation . they want to out of court negotiation first by keeping one relative common to both parties  in between who is also advocate,but my problem is that my wife and her parents are insisting me and my parents to visit their house to conduct meeting and they are not agreed upon our offer  to meet and discuss at any public place like hotel or restuarant in their  city.

so will they add any false evidence to their DV and 498a case as they do not have any proof or they may file false police complaint that we harrased them at their house.

so what precaution should i take?

sandykrish (Interested in Family LAW)     14 November 2013

@Kunal this looks very fishy. Stop responding to their request, Tell them if at all they are interested let them do it in court mediation or ask the family judge where you have filed the case to refer this case for Lokaadalath for speedy settlement. Please don't rebut on what to do, this will any way end up in court ensure this happens in front of panel of advocates and judges and not infront of family members when a bag of criminal cases which are running.

 


(Guest)

When you are the pay master, game should be played with your rules. Kill some more time by staying alone and they will come to you begging.

sandykrish (Interested in Family LAW)     14 November 2013

Stalker that's all about in the game of matrimony, have patience they will come once they are in urgency concentrate on your life and cases when time will come it will be solved, don't force any issue to be resolved at your pace, if done you will loose the hard earned money. Last Reply to this tread.

Kunal (personnel)     14 November 2013

@stalker and Sandykrish,

Thanks a lot,you helped me to change mine as well as my parents impatience  thoughts  and give confidence to have patience and let opposite party to come on my condition.

actually my old parents are heavily getting suffered ,so thought of getting rid of all cases by paying reasonable amount to wife.

can you suggest some stratergy which can pinch my wife and  in-laws and make them realise their mistake and they come for negotiation and which also helps to reduce   time consumption ?

at present i am suffering with 498a-cross examination is abt to begin,DV- she failed to give any proof and submitted false affidavit and recently  Crpc125 - just received summons 

Aazad Sufferer (Advocacy-Family and women oriented laws)     14 November 2013

Dear kunal,

 

I would suggest you to hold your nerves and smell the situation where your FIL is playing a dual game.

 

Reasoning:

 

1. He doesn't agree of mutual talk at any place rather than his own house.

 

2. The place which he had planned is not safe for you,he will definitely charge you in any false cases again.

 

3. This has been done by him through false 498a when you have gone to his home to take back your wife.

 

 

Solution:

 

1. Be calm at this stage,let him take his next move.

 

2. Till then concentrate on your work,as he already agreed for MCD and he knows that nothing can be done forcefully.

 

2. So,if you will go to his home also his claim as settlement will be very high.

 

3. Wait for some time and let pass your contested divorce till then.

 

4. You should have recorded the mutual talks on phone when he agreed for mutual settlement.

 

5. If you not recorded then do one thing:

 

1. You wait for him and say him that you will come to his home but only thing is that you withdraw all false cases.

The above communnication should be recorded and next day don't appear to his home.

 

2.He will definately do some wrong acts on aggression,then record that too.

 

 

 

regards,

 

 

 

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

 

 

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

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sandykrish (Interested in Family LAW)     14 November 2013

@ Kunal, now take a back seat rest yourself and see the fun happening at the other end, your wife and opposite party lawyer knows that they will not be able to prove the false cases, now you drag the cases for few months (Not Years) they will come begging at you. No strategy needed only drag for few months. Enjo your life put bindas photos on facebook  if she is seeing your facebook account let her get the pinch and you see the fun. Drop us an note in this thread we will also enjoy.

 

Kunal (personnel)     14 November 2013

Dear Azad Sufferer,

Thanks a lot for detailed and excellent suggestions.

Actually only worried point is that mediator who is relative advocate more towards my wife end and bit far relative towards my end ,who is willing to arrange for this meet at FIL house and mediator is keep on telling us that keep trust on me ,have faith on me ,i made agreed opposite  party and they also want to reach to conclusion. so this event has happened after almost two years since my wife & FIL has begun mahabharat against us as my wife,FIL and BIL is hoping for huge money from me which is out of my reach even if i retire at age of 60  and they are least bother about their sister and daughter life to get her marry and live peaceful life.

so we are in confusion and in fear that whether this is opportunity we may loose as we are not agreed upon FIL's prime condition and  this mediator may not take further interst in future from our end or it's a trap which will add more trouble to us.

i will definitely try your suggestion abt giving pinch to FIL.

pls let me know if you would like to add some more vital points & stratergy for me another sufferer brother

Kunal (personnel)     14 November 2013

Thanks sandykrish brother.

i will definitely try to bring lost joyful colors in my life and put same on facebook . ya she   keeps  track of my facebook profile to get some my professional and personnel proofs.

definitely i will update my situations on this thread and make  all of us enjoy.

T. Kalaiselvan, Advocate (Advocate)     15 November 2013

Once the cases in the court are vigorously fought. allow it go on in that fashion for the present, if at all she wants to marry somebody let she do it with the money of incumbent, you are not required to spend for her luxurious life with someone after divorcing you, so better stay away from the gimmick or drama called mediation through family arrangements.  Do not get trapped into new problems once again.


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