honest 22 March 2016

Need suggestion on divorce settlement discussion

Hello,

Due to severe differences we were been living separately for 5 years. Girl family was been threatening with police cases for these 5 years continuously. We were prepared to fight cases. Did not give in to their threats.

Now they want one-time settlement. They asked for 2 Crores. Rejected and asked them come through court howmuchever they want. Threatened for some more time by bribing police.

Now they are coming to our lawyer for settlement discussion.

These people are very very dangerous. They are very eager for money.

Could you please give some suggestions how to deal with this settlement discussion.

How to pursue the discussions. How to protect myself without getting cheated by them like taking money and then filing cases.

Is there a legal process to protect without getting cheated by them.

Please help me. I am out of India. Would they trap me and trouble me after agreed to the settlement when I come to india.

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4 Replies

saravanan s (legal advisor) 22 March 2016

Record their threatenings to file false case over you if you dont give them money.with these proofs you can file extortion case over them.second thing is if you dont want to go for contested divorce convince your wife for mutual divorce. workout an mou where you agree to pay them one time settlement at the time of second motion that too before the court.also add clause like no maintenance afterwards, no false cases etc etc.take the help of lawyer.dont sgree for any out of court settlement.if she is not agreeing for mcd dont budge to her threats.let her do whatever she wants. as long as you are abroad she cant do anything. if at all you want to come to india obtain a anticipatory bail before reaching india.so that you won't be arrested as soon as you land here.

honest 22 March 2016

Many thanks for your kind response saravanan s.

after taking huge money through court, if the wife withdraws consent to the divorce (or) appeals to reverse the divorce after passing decree, would I loose all my money?

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ANAMIKA VICHARE (LAWYER) 24 March 2016

Forget about settlement, YOu better file first Divorce Proceedings on the ground of cruelty, record teirconversation qwhich would be helpful for you. Do nottalk anything. abt settlmnt, once you file divorce then sit for settlemnt before marriage counselor only. If the amount is agreed you acndeposit the samein the courtand once decree ofdivorce is passed, she willbe bale to iwthdraw it. You can talk to them taht you would file diore proceedings, but do not tell thenm the date of yourarriavl.. file it and give power of attorney to yrnearest relaive to talk abt settlmnt in the court. Consent TErs acn besigned by power of attorney and your consent for the samecanbe ratified/verified through video conferencing. If you stay in inidia. the otherparty might take cahnce of 498A n then you would land in trouble yr passport and going back wd be difficult

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