Distrust among parties in mutual consent divorce

@ Author

I am not replying to all of your que. paras as to me your briefs looks bit confusing bare reading wise.

1. Tell us if the MCD papers already filed?
2. Tell us if First Motion Joint Statement already on record of the Court?
3. Is there any date given for Second Motion to complete the procedure under MCD?


I doubt from your briefs it shows that both W and H agreed to file a MCD with a Agreement Deed where certain terms and conditions are mentioned but no date of operation is mentioned! Later you are mentioning some interactions with Ld. Advocates form both sides and you also saying so it seems to me that before entering into First Motion you want half the amount and stridhan back ! If these are right way to go about your briefs then we suggest to ask joint meeting of parties with respective Lawyers and get the Agreement made fresh with "date of operation of what will happen at First motion and what will happen at second motion etc."


| donot see issues arising at all if no MCD with agreement is ever filed but simple talks of who will give what before even MCD and properly drafted agreement is filed is going on and then some mis-communication with H ld. Advocate happened and you loosing trust of your ld. Advocate also on the go....I mean all these needs to be removed asap so that you are with yoru senior parents away from all these once for all means with settled issues and a decree in MCD proceedings.


However if I missed correctly interpreting your briefs then kindly interpret it again as your que. is quite interesting and we (means we Lawyers here in LCI whosoever is reading your briefs) like to assist you on what could be done.

1. What option do I have here to get my jewellery + half amount before filing for MCD? Should I file any police complaint?

If you want to get your jewellery, you can file police complaint before the crime against women cell  and they issue notice to your husband and there, the police will know how to extract your jewellery from the tip of his nose in the presence of his crooked lawyer.  regarding the half amount of settlement amount before filing MCD, it cannot be executed by the police. Any how, you show to the police that agreement and explain them how the husband's family back-tracked from the agreed settlement.  If your husband is still interested for such settlement, then, you both can move the first motion of MCD and on that date before the presence of the judge, he will handover the demand draft (not cheque - do not rely on them or on their advocate any more) for half of the settlement amount. 

2. They have filed RCR also before this agreement as they feared of any harrassment case (I didnt filed anything like that). Is that RCR still holds valid even after entering into the agreement (agreement is on some white paper with a green heading)

Yes. RCR case still goes on.  In the RCR, you can appear and show the agreement reached between the parties to the judge and also you can explain the judge how the husband is back-tracking from the agreement.  if he is interested to implement the settlement, he can come out before the court with proper explanation.   If he still shows his inclination for MCD, you can ask the court for dismissing the RCR.  But the court will not dismiss the RCR till that request comes from husband, but the court will advise to both of you to first move first motion of MCD and come before the court for dismissal of RCR. 

3. also.. if I agree as per their wishes (all exchange and settlement at the end) what option can I have if they refused to pay and/or exchange jewellery?

There will not be any harm.  In the first motion, if it is clearly mentioned that before the second motion, before the judge the entire settlement amount of RS.----------------- (in words also) by way of demand draft and the jewellery (here specifically mention the quality and quantity of jewellery with great descripttion, so that you will not be cheated at that stage) will be handed over and after receiving the above said articles and amount only, the wife will give her consent statement for second motion.  if they back out at the second motion, then there will be no harm for you.  you can claim all these things, once you go back to your old parents and from there, you can file appropriate cases for recovery of the same.