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Soma (ta)     26 November 2012

Dissolution of marriage

My brother got married to girl who had filled a 498a against all of my family member
and has demanded 5 lakh of rupees.We gave the girl 2.5 lakh and we got the bail as the girl stated
that she is living with us and all misunderstanding has been solved.
Though this statement was wrong we got the bail.Then we had agreed upon the fact that once 498a is solved and
 my brother get the divorce we will give her next 2.5 lakh.Due to ignorance we had given the girl next 2.5 lakh cheque
as her family promised that they will encash this cheque once our condition is fulfilled.But after that...on the stipulated
date the mutual divorce didn't happen and also the 498a is also still not resolved we had made a stop payment for
 the next 2.5 lakh cheque.Then the girls family brought a case under NI act 138 which is now pending in high court.Also in the meantime she has fiiled a case under crpc 125 for alimony whcih also pending.
Few days ago we got a summon from the girls end for dissolution of marriage.We little confused about


1. What will happen to our pending cases of 498a,ni act 138 and case under crpc 125.
2. The date for dissolution of marriage is 10/12/2012.Should we appear on that date or shoudl we not.If we dont appear what will happen.

 

Please help.



Learning

 3 Replies

stanley (Freedom)     26 November 2012

Appear for the case for Dissolution of marriage else if you do not appear maybe an ex-parte order would be passed  .As for the MCD which they had agreed for nothing can be done . But in your CRPC 125 state that you have already given her 5 lacs whihc would be to your benefit in the maintanence case .

All other pending cases would run seperately like 498 a, 138 and crpc 125 and would come to a conclusion as per the normal course .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 November 2012

Dear Soma

in which section of hindu Marriage act, she filed the petition for dissolution of marriage?

any document ahs been prepared regarding pay 5 lacs to her or not?

Sudhir Kumar, Advocate (Advocate)     06 December 2012

Your queries are scattered at different threads some of them are:-

 

https://www.lawyersclubindia.com/forum/Regading-ni-act138-68226.asp#.UMBbyWfPz_0

 

https://www.lawyersclubindia.com/forum/Ni-act-138-68296.asp#.UMBbxWfPz_0

 

https://www.lawyersclubindia.com/forum/Dissolution-of-marriage-70489.asp#.UMBbwWfPz_0

 

can you prove that the cheque was given as extortion money.  Then she is not holder in due course and 138 may not apply. Consult your lawyer


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