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Discussion > Family Law > Others > Family law, divorce, harassment of males in india   Unanswered Threads Post New Topic

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There are 6 Replies to this message


Satyavir Singh


Assistant Manager
[ Scorecard : 26]
Posted On 03 February 2012 at 20:23 Report Abuse

I am brother of the male member, belongs to Haryana.  Marriage of my brother was taken place approx 4 years back and there were some regular disturbances between us after 2-4 months of marriage.  Even they have stored our jewellery with him from the beginning.

 

From female (wife) side, his parents put a complaint to police in UP for Dowry, 307 and under many sections against us for want of money, in the start of 2011 and case is taken back by them as decided in the village panchayat.  They have incurred about 3.0 lacs in the marriage. We want divorce because they have threatened us a lot and regularly threatening. In the village panchayat they have asked for 10.0 lacs to give the divorce which we have paid through the mediator as decided in the village panchayat.  They came on the first hearing for divorce in the court and wife have accepted that they got Rs.10.0 lacs from us and it is recorded by the judge itself in the court.

 

Now they are not coming to court and told us that in panchayat it was only decided that we will give the divorce on affidavit only, which have no meaning, and mediator also back from his words.  Wife is living with his parents for last 10 months i.e. March 2011. Now I would like to ask as under:

 

1.            What steps to be taken by us now, I mean, we should take the affidavit from them or not and if yes with receipt and panchayat decision separately in writing and file case on him for 420 for recovering our money back i.e. Rs.10 lacs if not giving divorce.  How to draft an affidavit and what to cover / write in the affidavit.

 

2.            Should we go for Divorce on the ground of desertion after one year or now or any other ground.

 

3.            Parallel we can do both, as above.

 

4.            Can we go through arbitration act or lok adalat to avoid high expenses and for early decision?

 

5.            We should file case in family court or in civil court.

 

6.            Or whatever to do, please advice.

 

Satyavir Singh

09690014411



Online certification courses IP, IT and Investment Law


Chaitanya_Lawyer_Mumbai


Lawyer
[ Scorecard : 825]
Posted On 03 February 2012 at 21:02 Report Abuse

Let us know which petition was filled in court for divorce.

It seems to be first motion of Mutual consent divorce & the consent terms were not drafted properly due to which you paid all the money on first motion itself.



Total thanks : 1 times


Satyavir Singh


Assistant Manager
[ Scorecard : 26]
Posted On 03 February 2012 at 21:32 Report Abuse

Sir, It was of mutual consent.  We paid money before first hearing only to the mediator.  Now they are saying they can give divorce only on affidavit.  We do not need divorce compulsorily and we never asked for the same.


Basically they want to make money from us from the beginning and they do not want remarry his daughter.

Now what we should do.



Amit ---------------


Worker
[ Scorecard : 7584]
Posted On 03 February 2012 at 22:21 Report Abuse

Divorce agreement by stamp paper is not valid and legal; (neither registered nor notarized)

however, such a deed can be treated as a deed to divorce and can be used in court as proof of consent.

still for MCD both the parties have to express their consent in court.



Amit ---------------


Worker
[ Scorecard : 7584]
Posted On 03 February 2012 at 22:23 Report Abuse

Correction :

however, such a deed can be treated as a deed of settlement and can be used in court as proof of expressing consent.



Dr.R.Stephen Louie


Advocate & intl. arbitrator
[ Scorecard : 59]
Posted On 04 February 2012 at 18:34 Report Abuse

premarital agreement , post divorce agreement  can be taken up for Arbitral Proceedings. Also  Mediator's part in counseling is legal , admissible  but Panchat cannot do anything to deal with your divorce.Better tell us the full story to advise you. Advocate Dr. R. Stephen Louie



chandra mohan


power
[ Scorecard : 140]
Posted On 04 February 2012 at 22:14 Report Abuse

You should again go to the panchayat who had given earlier decision and tell the wickedness of your outlaws.


If required, you spend money in panchayat but not to these *******.

The panchyat can presuurise them up to any extent. 




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