Please tell

 

Originally posted by : vishal
	if full and final settelment taken place in court mediation as per settelment wife had to give mcd if wife dont give mcd if husband flie contesed divorce will husband to pay littgaton charges to wife

1. A stupid unilateral way to go thinking about contested divorce now!. No question of litigation expenses arise here !
2. No one pays anything just after mediation Orders are drawn with signature of parties and mediator and before mediation file sent for drawing decree in competent Court!
3. Even one has committed such blunders then atleast some receiving / handing over might be there either from Court or from Police Station?. If so, then based on that piece of document approach competent Court and seek remedy thereto to draw decree in MCD unilaterally as one party has religiously done away with giving / taking as h/er part of commitment of terms and conditions of mediation award and attach such evidentiary proofs.
4. If not, then the query is hopelessly misinformed one and remedy now is to file plain vanilla divorce, BUT you will not get one so soon. So instead of filing divorce file a case of cheating / fraud and then divorce case. Now you will get divorce sooner than you are tiring your upper story hereon.
5. Also switch current advocate if he gave you go ahead for giving / taking without any proofs before decree sheet was drawn for a seasoned advocate and start with criminal case first then plain vanilla divorce case citing mediation order as well as giving / taking and her part of unjust commitment to come to MCD board.
6. Also if there are pending criminal cases such S. 498a / DV then with giving / taking proofs you can very well approach respective Courts for quashing "unilaterally".
7. Case laws exists for such situations handled by various State HC’s.
8. I feel there are missing links in your facts before us.

sir i tell you in detail my matrimonail compromise happend in court medition on 225000 along with admiteed itmes as full and final settelment past present future alimony maintenance all other clamis inducding stree dhan. i had to sbmuit 125000 fdr on name of my wife in court which had to relase on first motoin but she had no ac i gave her 125000 chuqe before judge and he gave order to her to make 125000 fdr and submit in court which she didnot balance 1 lakh to be paid on second motoin and admiteed itmes i gave her in police sation as per compromise she had to withdraw all cases and flie mcd which she didnt now i flied fir and dv qushaing in high court on last date high court said go to famliy court and setell the issues now famliy court judge gave order that she hs taken 125000 and admiited itmes. will fir and dv quashing happen on my next date and i am thinking to flie contested divorce how much time it will take.