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Soma (ta)     10 December 2012

Need suggestion on crpc125

Hi ,

   My brother got married to girl who had filled a 498a against all of my family member
and has demanded 5 lakh of rupees.We gave the girl 2.5 lakh and we got the bail as the girl stated
that she is living with us and all misunderstanding has been solved.
Though this statement was wrong we got the bail.Then we had agreed upon the fact that once 498a is solved and
 my brother get the divorce we will give her next 2.5 lakh.Due to ignorance we had given the girl next 2.5 lakh cheque
as her family promised that they will encash this cheque once our condition is fulfilled.But after that...on the stipulated
date the mutual divorce didn't happen and also the 498a is also still not resolved we had made a stop payment for
 the next 2.5 lakh cheque.Then the girls family brought a case under NI act 138 which is now pending in high court.Also in the meantime she has fiiled a case under crpc 125 for alimony which also pending in kolkata high court.Now she has filled dissolution of marriage for which the first date was on 10/12/2012.Next date we havent received yet.I want to know that

if she is granted the dissolution the will she be able to again fill a separate khorposh case in lower court apart from the one that still pending in high court.

please help.



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 December 2012

You had promised to pay Rs.2.5 lakhs on the condition that your brother will get divorce. If there is proof of this condition, then NIA-138 will not apply as on the date you gave the stop payment instructions to your bank, your brother had not got divorce. After the divorce is granted, either your brother can cancel the stop payment instructions or give a fresh cheque and cancel the old cheque.


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