13b (Family Law)

This query is : Resolved

Author : Priya

PRO CHAT CALL

Posted On 03 May 2012 at 17:58

my 498A, 406 is pending in court. Meanwhile my in-laws asked me to come t=for mutual. And they told they will settle half of the settlement and I need to withdraw the case and after that thy told they will give remaning amount n file 13B.

But since i know their chareactr , i don believ that thy ll cum for remainng amount and thy won cum for mutual later. all they need s to withdraw 498A.

wen i objctd, they will sign in agreement to provide the remaing n sign fr 13B.

is it valid? will the agremeent copy signed will b used for mutual later?

Expert : Nadeem Qureshi 9953809956

PRO CHAT CALL

Posted On 03 May 2012 at 18:37

Dear Priya
according to Practice in the court when both the parties appear before the court with the mutual consent divorce along with the agreement and both are ready to get divorce from each other, the court records statement of both the parties, in which you can record these that they will pay the remaining amount within a stipulated time. after that if they refused to pay you can file another case against them u/s 420 Crpc and you can approach to court to start contempt proceeding against them.
feel free to call

Expert : raj kumar makkad

PRO CHAT CALL

Posted On 03 May 2012 at 21:35

#Nadeem! Which case lies under section 420 Cr. PC which you told above?

Expert : raj kumar makkad

PRO CHAT CALL

Posted On 03 May 2012 at 21:40

If agreement is made between the parties to dispute and one hald payment is received by you with promise by other party to pay you on the day when you make statement in the criminal case in their favour then such agreement can be duly beleived and the same cannot be misused by another party as you shall have to make statement in the criminal case only if you are paid full and final amount and the final statement in 13B petition can also be made on the same day.

Expert : SAINATH DEVALLA

PRO CHAT CALL

Posted On 04 May 2012 at 20:00

I agree with Makkadji

Expert : SAINATH DEVALLA

PRO CHAT CALL

Posted On 04 May 2012 at 20:07

Priyaji,

Your profile states that you are with a BPO,all your queries are related to dowry,divorce,alimony,498A,Dv Act etc.In every query you state you are the victim.I am a bit confused.Are you posting for gaining knowledge or are these queries for the sake of some lawyer.