Vidya (na) 31 October 2014

Mc petition

Sir,

I am wife -respondent in a divorce case filed by husband in 2012. Husband is a central govt. employee, earns 15 lakhs annually & wants settlement .....as interim will be decided in coming hearing he wants to avoid it.

He says he will give me permanent alimony of an agreed amount & says mutual consent to be filed.

The streedhan articles are still with him. He was not ready to come to jewellery shop & wanted his own appariser to assess & asked us to get things from his lawyer's office and also says the weight is lesser. We refused as we wanted both parties to come to a jewellery shop. Certain things were missing for which he has agreed to pay up. After getting the articles, can we give receipt that we got articles ? How to record this fact ? They told they want a letter signed by me.

How to get this amount for the missing articles - in the form of DD or Cheque ? Which will be more safe ?

Also, he wants Mutual Consent to be filed immediately....

Again which is the safest form of getting permanent alimony amount - DD or Cheque or any other means?

Also, will the original petition be dismissed or still will it be kept pending when the mutual consent will be filed ? Because I want to contest the case in case he defaults to pay the agreed alimony amount ?

Thank you.

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3 Replies

(Guest)

All streedhan items can be claimed only through valid original VAT bills. No bills, no claim. As simple as that.

As regards to one shot alimony, it can be either cash, or DD. Dont accept cheque. If cheque gets bounced, then again you have to run behind court with cheque bounce case. Its better to receive cash.

The old divorce petition is converted to Mutual, the old petition stands cancelled, by means of MCD application. IF husband fails to pay the one shot alimony, then you will have to file petition again and contest it, as in such case MCD application stands cancelled.

Interim maintenance stands cancelled once you receive lumpsum one time alimony, As your marriage took place in 2012, MCD will be easy, same day you will be sent to mediation center.

Vidya (na) 31 October 2014

Sir,

Marriage happened in 2010 and I am not getting any interim relief.

It will be decided in coming hearing which is why he is coming for a settlement.

Adv. Chandrasekhar (Advocate) 31 October 2014

1. After taking the stree dhan articles, you can sign acknowledging the receipt in the presence of two witnesses (you take your two witnesses - your uncle etc.). 2. In the case of missing articles, once the dispute is resolved about their value, take ONLY DRAFT AND NEVER CHEQUE. 3. First resolve the problem that how much money you are getting in permanent alimony. In MCD, in the first motion itself, you take permanent alimony BY DRAFT ONLY AND NEVER CHEQUE. Withdrawing the main case, I noted that it is a divorce case filed by husband. He can withdraw at any time. If in this case you filed any counter claim, then only the question of whether you can withdraw and if so, when, will arise. As it is his divorce case, you have no control on it. Try to get entire permanent alimony in the first motion itself by way of draft. DRAFT IS THE SAFEST METHOD TO RECEIVE AMOUNT AND IT CAN NEVER BE DISHONOURED.