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sandeep   17 March 2015

Divorce settlement

Dear Sir's,

 

my wife and me sing the afidavit for settlement on 7.5 Lacs now I already paid one installment 2 lac to my wife and she is withdraw the DV case from the court and women cell now my question is if my wife denined to give a divorce to me after taking the money so what can i do.



Learning

 13 Replies

Born Fighter (xxx)     17 March 2015

Since your wife has ideally withdrawn DV case by taking 2L and 5.5L is still pending to be paid to her, there is hope that she will not withdraw her consent for divorce later. However to play safe pay the balance 5.5L in front of the judge by cheque / DD & ONLY on the final date of settlement, when the judge will pass the order for grant of divorce

You should have included an important clause in the agreement for settlement that your wife cant backtrack later and if she does it for whatever reason your wife will have to refund the amount paid with interest. (put a legal clause)

 

Also im hoping this affidavit copy for SETTLEMENT i.e DIVORCE was signed and is already presented to the court. The agreement should specify that your wife will take back all cases pending against you.

 

WILL NOT file any case in future once the amount of 7.5L is paid asfull and final settlement amount,

 

This final settlement amount once paid ,wife will relinquish her rights from claiming ANY maintenance or ALIMONY from you in the future. Also that this agreement is signed with her consent and freewill and not under any pressure from anybody (appropriate legal language can be used).  

All the Best !!

sandeep   17 March 2015

1.Dear Sir, me and my wife sing the afidavit and one copy is with me and one copy is with my wife, but afidavit on normal paper not on stamp paper.

2. our advocates make 3 installment first when she take the case back then I pay 2 lacs. Second installment pay on first motion which is 2.5 lacs and last and final on second motion which 3 lacs.

3. first installment I paid thro DD and DD detail recorded by MM court Reader in record.

4. in afidavit mentioned that my wife cooprate till second motion divorce, but amount refund condition not mention.

5. if my wife denied to give divorce after taking two installment can I put the 420 and 406 case on her. She is govt employee..

Born Fighter (xxx)     17 March 2015

Pls check with your lawyer if that clause of refund / 420 can be added or presented seperately in any legal form of communication or UNDERTAKING at this stage before you make payment against second installment. There is no harm doing that to play absolutely safe.

 

This is what happens a small loophole here and there could create a problem later. Hope you have included the other pointers i have mentioned.

sandeep   17 March 2015

yes sir other clause is mentioned in afidavit like no future maintenance and any other case but I afaired if she denied to give divoce after taking two installment can my money recoverable can I send my wife behind the jail for cheating case

and I give all DD's in court front of MM judge so if she denined to give divorce can I put the case on her for 406/420

and one more condition is mentioned in afidavit that she taking her istridhan from me as per admit list by the both parties.

Born Fighter (xxx)     17 March 2015

Is this a contested divorce case or Mutual Consent Divorce?

 

sandeep   17 March 2015

Sir actually this settlement offer given to us by MM Judge first time I denied to give 7.5 lacs but after that I agree to pay and I told my advocate to tell my wife for settlement on  same amount then both parties advocate make MOU and singed by both the parties and presented in court then court close the DV and she given written statement in Women Cell that settlement is done in between us and she already take 2 lac so close the case from CAW cell

In case my wife denied to give divorce so what kind of action I taken on her 

Born Fighter (xxx)     17 March 2015

Its confusing . you have not answered my question. Is this settlement agreement signed against DV case in court or for Divorce , amd further whether this is a MCD agreement or contested ?

sandeep   18 March 2015

Dear Sir, This is MOU and mentioned in MOU that both the parties ready for settlement on 7.5 Lac and first installment is paid to girls on when she take DV case back record statement in Court. Which already done my wife take back the DV case after taking the first installment 2 Lacs and mentioned in MOU both the parties put the pettition for MCD in court and second installment paid on first motion and final on second motion so court not given any order me for paid so that is MCD... now my question is once my wife close the case for DV in court can she open again the case in court and in CAW after taking the first installment..

sandeep   18 March 2015

sir waiting your revert...

Born Fighter (xxx)     18 March 2015

 cant comment about the intentions of your wife...,

there are cases of parties back tracking in between after signing of MCD agreements. It all depends upon the contents of the agreement that will bind your wife from honouring the same. Pls consult your lawyer and discuss your concerns , as i told you your concern can be legally addressed at this stage also

sandeep   19 March 2015

but sir we are already submitted the MOU copy in court and MM Judge close the DV case… and record the DD number and amount in Record. Now my question is can my wife reopen the case in MM court again. If she do the same can I recover my first installment amount back from her. while in MOU already mention that both the parties coordinate to each other till second motion. if she denied can i go for cheating case on her.. what is do normally this kind of cases..

sandeep   01 April 2015

sir my advocate filling divorce in court 13B (1) and in court I not pay my second installment and my advocate tell to judge that money not arrange but actual reason is she is not pick her material from my house yet. And I told my advocate that unless she not pick the material from my house i not pay the second installment to her.. can i do right sir.. can i tell to judge next date that she is not pick her material from my house so i not pay the installment to her..

Born Fighter (xxx)     04 April 2015

why are you delaying the process ?? you can get her material in the court and hand it over to your wife, before getting the material speak to your wife about the same and make a list . Once thats done then hand over the cheque

 

Why are you getting so worried ? You will have to take some calculated risks if you want to come out of your problem


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