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Rose ( )     14 November 2009

Divorce before 18 months???

we got arranged marriage in feb'09.and separated in apr'09.after the intervention of women cell, the Boy has reached settlement and agreed to pay 35% on dt. of first motion and remaining sum of 65% on second motion. after this written settlement we filled mutual divorce this month, but in view of latest rulling of Hon.SC, our case got dismissed as we havent completed 1 yr of marriage and first motion was not done.. Now I am no where!! i havent recievedany money, and still bound with written settlement.what should I do. the boy is still hv all my stri dhan with him.please tell me any way out!!



Learning

 5 Replies

Sanjeev Kuchhal (Publishers)     14 November 2009

Experts will advice on the binding value of the written statement in the case which is not maintainable.

S.N.RAJU (PA TO JUDGE)     15 November 2009

I am working in Family Court.  Before one year for divorce petition is not entitled. First of all you will file the petition U/s.14 of H.M. Act showing special circumstances and urgency for divorce before the family court, if the family court give permission thereafter your petition may be numbered, after numbering the case the case shall adjourn six months time, thereafter it will be disposed.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     15 November 2009

 

 

May be court has dismissed the case but this agreement still exist. Both of u can act according to the compromise deed and can exchange ur articles else u can file maintenance and then boy will himself come to u to act as per deed and u can claim maintenace even after compromise deed and even after filing of divorce till final order of the court. So dont worry Ms.Rose. Evey thing is in ur favour.

Good luck

Regards

adv.kamal.grover@gmail.socm

Rose ( )     16 November 2009

Thanks Mr. Kamal for ur reply. we are seeking help of Women Cell, and asking them to register a case against our criminal complaint, so that we can move the court and seek for return of stridhan articles.but Women cell is throwing the excuse of the written settlement and telling us that they cant register a case as of now in vie wof the settlement.

Pl. advice in this matter.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     16 November 2009

U can file a fresh complaint mentioning all the details therein alongwith compromise deed and also that after compromise, other party is not returining the articles it amounts to 406. If police did not file this case then u may file a private complaint in the court directly.

Regards

 

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