Krishnaya vasudevaya (--) 03 March 2015

Exchange of articles under mcd

Me and wife filed for MCD and singed an agreement on 100 rupees stamp paper stating that we will exchange our articles within 30 days. The articles doesn't include streedhan but the gold jewellery gifted to me and her.

My in-laws and their lawyer is pressurizing us to send the items in courier. While we were signing for MCD, I requested my in laws to handover our articles in front of the lawyer since they don't have to pay for courier but they declined stating that they don't trust us if we will not give their articles. Now there lawyer is demanding to send the articles back otherwise they will file a case against us?

We did sign the papers that we will send the articles first. We told them to come over to our place so that we could exchnage things in front of the lawyer and get verything notarized. But they are not agreeing.

If we don't send the articles, will they file a case against us? Can we also file a case against them that they also did not courier our articles?

What case can they file against us? My lawyer told that the 100 rupees agreement don't stand in court. Is this true?

What is the way forward for us?

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3 Replies

HIRAL THAKKAR (ADVOCATE ) 03 March 2015

Yes 100 Rs. stamp paper does not stand valid in court of law, however it will be helpful to you by way of intention to dissolve the marriage (depend on paper).

If you are Hindu, file for MCD and send the petition with your advocate with prior notice mentioning her intention as per the agreed consent terms marriage dissolution can take place only on court decree and no other way. OR dissolution with the consent of community members of the society.

Regards

Saurav (Engineer) 03 March 2015

You decided to move on? U were depressed right?

T. Kalaiselvan, Advocate (Advocate) 05 March 2015

Such agreement are not binding in law, these are matters to be treated out of court. However, if the trust/faith is still open, why dont you give a try towards their suggestion. Why do you want to drag on the issue for good for nothing reason? This is a chance to part ways amicably instead of getting insulted and tortured by way of prolonged litigation losing time, money and energy etc. Think and decide wisely.