LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sharma2016   16 May 2016

Caw cel complaint/ mutual consent divorce

Hello Everyone,

After 1.5 months of staying together, My wife moved to her father's house and then to Delhi CAW cell.

CAW cell moved the case to  meditation center where with mutual consent divorce was agreed with terms and condition that All istredhan need  to be given back and total amount of 4 lacks as alimony to be given to girl in two motions.

We have returned all the luggage, jewelry etc. as agreed and  it was VERBALLY agreed that girl will take CAW cell complaint back after receiving articles.

But at the time of filing first motion   they took a U-turn, saying that they will take complaint back after full and final only. and hence both parties are stuck at this point. Now I want to know

1) What should be done from boy side : intimation to CAW cell or something else?

2) ideally ,when CAW cell complaint should be taken back by girl ?

3) I can prove all the allegation (CAW cell ) of the girl baseless, as a proof  I carry all video recording. So if the matters moves to court and I can proof that girl was not ready for the marriage and her all allegation in complaint are just to get divorce, in that case will still court ask me to pay her alimony?


Thanks

BR//



Learning

 3 Replies

Dr Martin Campbell (Doctor)     16 May 2016

You can just wait and watch, till second motion is over.  Some girls are good, and their families are also good.  Dont lose hope.  Am afraid you cant do anything much now, you should have retrnd her samaan on day of second motion along with the cash of 4 lacs, now if she dont turn up for second motion, your money gone, all stridan gone, and she can file some more cases on you and ur family.  Be ready.

sharma2016   16 May 2016

Thanks a lot for your reply!

I dont know But Mediation center person was more inclined towards girl family so asked to return samaan asap and was unnecessary trying to threat my family. 

1) So as per law we can retrun istrdhan with second motion ( last motion )  too? 

2) if she file a case would not it be against her as she is the one who is making the agreement null.

Regards

Deepak

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 May 2016

Sir, 

 

Wait and watch, if she is stepping back, she will have to face the consequences. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register