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kamal (software engineer)     09 February 2014

Wife party send message about settlement

Friends, I need your help again.

The wife party sends us a message to settle down the matter through police and other sources.  I am not sure about their commitment to close this matter, but I have below questions; please give your valuable suggestions to close this matter. I am not in position to believe my lawyer as he is seeing both parties as source of income.

Here is the brief summary of marriage:

·         Marriage happened on June, 2013 (as per my knowledge Divorce eligibility starts from Jun 2014.

·         498 FIR Filed on Nov 2013 (I am in Andhra Pradesh, so as per my knowledge it requires three months’ time in Lokadalat for the second motion).

 Got regular bail, Charge sheet not yet filed.

·         She possessed some gold and other valuables worth 3.5 Lakhs. I possessed some gold and other stuff worth 70K

 

My Questions:

 

1)      Can we apply for void and null the marriage, if both parties agreed on the basis of forced marriage. This is a fact,  her father forced her marry me, we only lived together for 7-8 weeks

a.       If yes, do you think this is a good option and how long it will take time?

2)      If above options doesn’t work, should I wait till June 2014 to apply for divorce?

3)      After one year of completion, if she applied divorce and I agreed to go it ex parte, do you think its good option and what are the pros and cons in this scenario.

Or Should I go for MCD?

4)      What is the best time to give money and get my gold back? If they agreed to settle the matter by taking some money, give us our gold back.

This is what I am thinking, so what do you guys suggest

i)        Give 3 lakhs money + her stuff after closing the 498a case and taking back my gold and other stuff

ii)       After filing the divorce case by her, I will give the remaining amount to middle man and he will give the money after the ex parte divorce.



Learning

 1 Replies

Sameer12345 (SSE)     10 February 2014

 Marriage happened on June, 2013 (as per my knowledge Divorce eligibility starts from Jun 2014.

 

>> OK

 

498 FIR Filed on Nov 2013 (I am in Andhra Pradesh, so as per my knowledge it requires three months’ time in Lokadalat for the second motion).

>> OK, Decition on 498a will take long time. atleast 3-5 years.

 

Got regular bail, Charge sheet not yet filed.

>> Good. Its the proecess.

 

She possessed some gold and other valuables worth 3.5 Lakhs. I possessed some gold and other stuff worth 70K

>> Is the gold possessed by her is yours?

>> Is the gold possessed by you are yours?

 

My Questions:

 

1) Can we apply for void and null the marriage, if both parties agreed on the basis of forced marriage. This is a fact,  her father forced her marry me, we only lived together for 7-8 weeks

a. If yes, do you think this is a good option and how long it will take time?

 

>> You are not in the null and void marriage. you seems to be in valid marriage. Filing divorce is not a good idea for you.

 

2) If above options doesn’t work, should I wait till June 2014 to apply for divorce?

>> Get the 498a quashed first and than based on it file divorce on the ground of cruelty.

 

3) After one year of completion, if she applied divorce and I agreed to go it ex parte, do you think its good option and what are the pros and cons in this scenario.

Or Should I go for MCD?

 

>> She wont file Divorce and for MCD you required her consent.

 

 

4) What is the best time to give money and get my gold back? If they agreed to settle the matter by taking some money, give us our gold back.

This is what I am thinking, so what do you guys suggest

 

>> You required to get the order from court for getting gold back. She wont get agree and even if she gets agree for divorce, she will play fraud afterwords. so better be carefull.

 

i) Give 3 lakhs money + her stuff after closing the 498a case and taking back my gold and other stuff

>>  Answered above.

 

ii)  After filing the divorce case by her, I will give the remaining amount to middle man and he will give the money after the ex parte divorce.

>>  It is now better for you to get everything done by court.

 

HAVE FAITH IN LAW AND GIVE FIGHT AND MAINTAIN YOUR WELL BEING IN COURT. COLLECT PROOF OF CRUELTIES 


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