Divorce - muslim marriage

Hi All

Just another update. I got a complaint letter from Kirti Nagar police station (Police commissioner) CAW cell in my name. So we got in touch of our lawyer in mumbai & he has dispatched the set of complaint letters/talaq nama & cheques we issued stating this is the false complaint by my ex-wife & requesting to nullify the complaint. The letter just states that their is a complaint in my name & need to be present at kirti nagar police station on 23rd December. The good thing is the complaint is only in my name & not my parents name.

regards

firoz

Hello Firoz Bhai,

Can you send me

1)Talaqnama Format,

2)Public notice Format

3) Disowning Publicly format

4)Complaint format , Registered under which Section/CrpC
 

Please PM me, I'm also from Mumbai Sailing Same Boat from Last 6  months.

Firoz,

The summons are in your name only and the complaint may have more names.

Start the process to get AB for all of your family members.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

hello all

Finally another update after a long time. theirs an Arrest warrant issued in my name/my parents name/my brother name also. I have applied for AB for the past 2 months & i dont know where my lawyer has goofed up & the 1st hearing was on 16th April then 20th April & then on 2nd May........delhi police have first visited my native place in agra to my relatives late mid night & then they didnt find my parents they left.

My lawyer says that the judge has stated no arrest till further hearing but he issued this statement on 16th & the next hearing was on 20th april which is passed. finally on 21st april the police started for search & i dont understand why is this happening when judge has given a stay. I have asked my lawyer to provide me stay order copy of the judge also it seems he has not applied for interim bail neither he has applied for warrant cancellation. which my other lawyers based in mumbai are suggesting. Tomorrow is monday & my lawyer says he will dig out the information on monday 23rd april. I dont know where is the gap here

Please advice I am kinda loosing confidence on my lawyer & do not know if I should change the lawyer

model copy of divorce model for muslim 

Model copy of plaint  filing for muslim to get  divorce  

Hi All

Sorry to not keep you updated....but below are the changes which happened..

After the FIR was logde and arrest warrant was issued my lawyer applied for AB & in the court the matter went to mediation & AB was given. In mediation the agreed amount to be paid was finalized for 12.5 lac fullnfinal settlement & with the list of items which we had. So on 14th May the judge asked to return the list of items which both the parties have agreed on & we returned all the items to them in the court & we got the reciept of the same. The mediator had divided 12.5 lac in 3 installments starting 7th June 1st installement / 7th July 2nd & 7th Aug 3rd installment. The court order to quash the FIR & all complaints against us once the 2nd Installement is paid.

Now heres the twist... we ensure that 1st installment amount is available in my account on 7th June but the b**ch didnt deposited cheque & on 27th June she has filed a complaint stating the 1st Installment cheque is lost & she forwarded the complaint/FIR through softcopy to my lawyer. The email address from where the email was sent was of an unknown person. In that email she has written saying please stop the cheque payment & my lawyer has suggested dont do anything. let the 2nd Installment date appear & after that he asked us to arrange the 3rd instalment before time & he is asking appear in court somewhere in july mid with the 3rd instalment cheque handy.

Now heres my thing. we have given her 2 cheques with her name ''Account payee'' on it of the decided monthly installment. Third cheque is to be handed over to her by us once the FIR is quashed. Now my lawyer is saying to hold on & no action is needed at this point. I want to know even after she taking her belongings & accepting the fullnfinal amount in the mediation center if she denies what are the actions I can take against her.

Can she deny the settlement at this stage even after courts order? And if she denies then what would be the next action.

Immediate response will be highly appreciated

Hello All

Did any one had a chance to look at my last update please

regards

Firoz

Firoz,

don't worry too much... you already committed to settle the case with her by paying lumpsum amount. You  must pay her by hook or crook... do not play games... otherwise you will start another story... (unless you have time to do all these)... in my opinion, just throw the money as agreed and get rid of it... be polite and give her another cheques if she lost. She cannot bring happiness from your hard earned money... it is clear from your story that she is not even "able" to just keep the cheques properly.

While paying cheques, ensure that you have taken care of evidences such as why you pay her lumpsum amount and what she agreed in front of judge and wittnessess. (this will be your weapon in future to safeguard you).

In case if she denies after getting money from you, she will get accused and you can seek from the court to dismiss your case (which is your ultimate goal) and make her running after the courts by filing cases against her.

good luck and start new life (with lot of patience)

Never Give Up

thanks insaniyat.

but here we are not at all playing any games with them. infact we have arranged the 3rd installment for Aug 7th also well in advance but my ex is playing very dirty games.

(1) june 7th cheque she has not deposited & lodged an FIR with police stating the cheque is lost.

(2) July 7th cheque she is not deposited & she has called my lawyer & said I am not depositing the cheque & I want to go for case.

(3) she claims that she can show in court that she is not well & so she couldn't deposit the july 7th instalment cheque but how will i be able to prove that the payment is made until she deposit the cheque. because the only mode of payment court ordered was cheque. I can pull out a bank statement & show it as a proof on the final installment in High court that I had made the money available in my account much before the installment date but the complainant is no more interested now in the settlement. where as on 14th May she had taken all the marital items & we got the receipt through court as part of the settlement. 

Now here I have got stuck... whomso ever we have met everyone has said that your case is closed now but my question is how is it closed because on the final installmeent in high court we have to file for FIR quashing & theirs a clause in the settlement letter stating the first two installments should be paid. now my lawyer is also trying to play mischeif with us by asking for another ransom money as his fees or else he is saying to go & find another lawyer... when we ask him about whats next with our case then he himself is finding hard to find out the ruling in highcourt as to what would be the outcome of this case. My ex is now trying to complicate things here. I know that I can file a contempt application but i still dont know what will be the outcome of it. Will court easily  cancel the settlement just because she is woman......are their any laws or any ruling where one party disagrees with the settlement after the settlement was agreed between the parties.??

one other update i missed...

Based on the unknown email which was pretended to be sent by my ex asking to stop the cheque payment.... we sent a copy of that email & the FIR copy which was attached in that email to the concerned police station at my inlaws place in written. And the police  officer paid a visit to my inlaws house for verification of the complaint & found it to be true complaint. So we have asked the police officer who called us to inform about it to send us the communication in written stating that the complaint lodged is genuine. Due to this my ex & her families are irritated to which I am very happy as they played a lot with us....

Caution! Your case is getting into complications. Organize your move properly to achieve your goal. Don't allow anyone to divert her decision or interrupt you during settlement. It's YOU only who can make it successful END to your case and not the others. Be tough.

(2) July 7th cheque she is not deposited & she has called my lawyer & said I am not depositing the cheque & I want to go for case. Did she give in writing to you about her decision that she want to go for case? I am sure this might be your lawyer's opinion that if she is not depositing the cheques then she may go for case. She might not be depositing the 2nd cheque because she did not receive 1st payment from you. Start over again and pay her 2 installments together with 3rd cheque in advance and Gain the Trust of Court so that Court will give judgment in your favor.

(3) she claims that she can show in court that she is not well & so she couldn't deposit the july 7th instalment cheque but how will i be able to prove that the payment is made until she deposit the cheque. if she is not depositing, it is her problem. You don’t have to prove anything, however, if she deposited and the cheques get bounced then it will be your fault. because the only mode of payment court ordered was cheque. I can pull out a bank statement & show it as a proof on the final installment in High court that I had made the money available in my account much before the installment date but the complainant is no more interested now in the settlement. where as on 14th May she had taken all the marital items & we got the receipt through court as part of the settlement. Enclose the receipt (good evidence) as her acceptance to settle the case and highlight to court that she is not interested to continue the conjugal relationship with you, hence she recovered all the marital items from you.

Now here I have got stuck... whomso ever we have met everyone has said that your case is closed now but my question is how is it closed because on the final installmeent in high court we have to file for FIR quashing & theirs a clause in the settlement letter stating the first two installments should be paid. Then act quickly and inform court in writing that she did not deposit the 2 cheques because she had lost the 2 cheques, hence provide you with her Bank account number so that you can transfer 2 installments to her account immediately, the more delay in this the more complications will be in future. Time is Game.

 Never Give Up

Hello All

I have another update on my case. As I stated earlier my ex didn't deposit the cheque & after a long conversation with her she agreed to accept DD. On 6th Aug my parents & my lawyer went to the police stn & handed over a DD to her and got the cheque returned from her. Now the last DD is to be presented at the presentation of the court while filing for FIR quashing but my lawyer says that I have to be present during the FIR quashing in front of the judge. 

Now I am not in the country.. neither I want to see my ex face also I am not in a position to fly in a day notice to delhi. Can anyone please suggest me what can I do in this to avoid visiting high court as I am in not in my country.

My parents, brother will be present for signature but my lawyer says that I have to come down as well which I want to avoid. Any suggestion please at the earliest

regards