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kumar (private employee)     26 June 2009

iam at last stage

hi

iam kumar

my wife filed case against me for divorce

out matter settled outside court with finaincal aggrement recently she accepted first payment and we also have MOA

last week family course send case to LOK ADALAT

.IN MOA we both came to aggrement that i suppose to pay sum amount and she has to return jewellry..

In total sum amount according to MOA we paid 50% initial and remaining we have to pay after she signing on Divorce papers...

Now my question is

what procedure in LOK ADALAT

1) is there any chance to her escape to give jewellery  as she sign on MOA

2) how many days it take to give divorce for both parties

3)can we ask time to pay remaining amount within short period

 

can you please clarify this doubt...

 

 

 



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 June 2009

In the Lok Adalat judges will make u and ur wife regarding the terms and conditions of the compromise, because it is already settled out of court.  They will write down in the ordersheet. If everything is settled then on the same day divorce order will be prounced.  If u asked for the time to make the payment then adjournment will be granted till the payment is made.

And another thing after writing in the order sheet both the parties signatures will be obtained.

kumar (private employee)     26 June 2009

i want answer for one question that

WILL SHE ESCAPE TO GIVE BACK JEWELLERY...

SHE MENTION ON MOA...that she will returnback JEWELLERY...

IS there any chances ..that i can file case aginast her in lok adalat...

 

Kiran Kumar (Lawyer)     26 June 2009

its good that the matter is settled amicably.

 

well u need not to worry abt the Lok Adalat, its a duty encumbent upon the courts to do the concilliation work in such matters.  Lok Adalat is meant either to save the marriage or to bring it to a amicable end.

 

one thing u can do that the agreement u entered may be endorsed in Lok Adalat and statements of both the parties be recorded.

 

the matter will be referred back to the court which in turn will allow u to amend the petition for divorce on the ground of mutual consent or allow u both to file a fresh one on the basis of mutual consent.

 

sufficient time will be given for payments.....legally 6 months period is there in such cases for recording of final statement.

 

but there are enough judgments of Hon'ble SC which would say this period of 6 months can be waived by the courts if there is no scope of the parties going back to married life.

 

u ve got a good case dont worry.

Kiran Kumar (Lawyer)     26 June 2009

its good that the matter is settled amicably.

 

well u need not to worry abt the Lok Adalat, its a duty encumbent upon the courts to do the concilliation work in such matters.  Lok Adalat is meant either to save the marriage or to bring it to a amicable end.

 

one thing u can do that the agreement u entered may be endorsed in Lok Adalat and statements of both the parties be recorded.

 

the matter will be referred back to the court which in turn will allow u to amend the petition for divorce on the ground of mutual consent or allow u both to file a fresh one on the basis of mutual consent.

 

sufficient time will be given for payments.....legally 6 months period is there in such cases for recording of final statement.

 

but there are enough judgments of Hon'ble SC which would say this period of 6 months can be waived by the courts if there is no scope of the parties going back to married life.

 

u ve got a good case dont worry.

1 Like

kumar (private employee)     26 June 2009

hi thanks for your suggestion and iam confident this is final hurdle..i can start my new life..we getting money from  high interest to pay remaining amount so we are looking our jewellry back...thanks for your support

kumar (private employee)     26 June 2009

hi thanks for your  suggestions..iam now confident

kumar (private employee)     26 June 2009

thanks for you all for helping me..from beginning

kumar (private employee)     26 June 2009

Hi all

thanks for your support

kumar (private employee)     26 June 2009

Hi all

thanks for your support

Deekshitulu.V.S.R (B.Sc, B.L)     28 June 2009

Mr kumar since there is already a MOA between you and your wife, get the same approved in the LOk-adalat, where the parties sign the papers before the judges and the award of the Lok-adalat is final. I hope your wife will not betray  you in giving back the jewellery. Hence no worry.

If the divorce is by mutual consent  the period to wait is 6 months. In the award you can also get incorporated, thge condition regarding the divorce.

Right, all the best.


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