Lawyers asking money to settle divorce case

In my view, the advocate of your husband is cheating on you.  He cannot settle the matter.  Finally, only you and your husband can settle the matter.  Advocates cannot settle the matters. Their role is only to take instructions from their clients and put the facts and law before the court and assist the court to come to just conclusion.  If husband's advocate is saying that he will settle the matter, he is "dinga mar raha hai".  As and when, your husband does not like his advice or get suspicious, he will terminate the services of his advocate.  Then you cannot recover the amount you paid to the advocate.

If you have filed contested divorce case, you ask the judge to refer the matter for mediation and in mediation talk to your husband directlly and settle the matter and file mutual consent divorce petition and get the matter settled.  Or otherwise, if still channels are open, you communicate with your husband for mutual consent divorce and if he agrees, file the same.  In that petition, you can expressly mention that no one will be entitled to move any appeal against the divorce decree (Even though, legally it is implied that in consent decrees parties are not allowed to appeal in higher courts).

No need to pay money to your husband's advocate.  Just go on with your case and get the decree from the court. 

Thanks for your response Sir.To be very clear I had filed 498 A against my husband and then i had filed for divorce.I can understand that lawyer will have no role in getting the decree,its just our consent mutually.I assume it to be the trick of my husband so that he can take money as i wanted the divorce soon and dont want  it to linger as it happens generally.Lawyer is saying that he will convince him and get it done.I m in dilema,though i will never give money unless nd until its done.Im alone fighting with this and i dont have any elderly person to tackle this and discuss with the lawyers.

To your notice Sir,i have filed divorce suit recently and they have responded to it recently.Just wanted to check if this is possible ,will i end up in any legal hassle again.

As said rightly, negotiate directly with ur hubby. If the ammount settled suits u, then involve the advocates to draft a letter of MCD, the latter shud have all the safegaurds for u so a she does not cheat!

Kya 498a? ......aur Divorce bhi? ....... Just forget it, if your husband is a tough nut or have little bit of patience and understanding. See you have filed a 498a to get justice, now wait and see justice prevail in next 6-7 years (if you are lucky). Whats the hurry to start a new life especially when you have taken a call to fix someone. Now thats not all, if he is smart & I am sure now he would definately get after roaming the corridors of courts, he will wait for the case to end and thereafter he would shoot his volleys like defamation suits, his divorce petition, compensation claims etc. So just relax, no point in doing away with your hard earned money on your husbands attorney. See 498a is the easiest weapon for indian women, but the irony is that it is being used so frequently by educated/working woman without knowing its implication, and that too at the time when you have other options to exercise. Anyways, not meant to offend anyone, these are purely my personal and rather a very genearalistic views without knowing the case specifics. So you guys may choose to ignore. Cheers!

Your husband should really feel thankful to you that you have decided to move on. When you filed 498a you wanted him to be struck in legal process for quite a while... and most probably you wanted to make a quick buck also.

Now whatever you thought of getting from him.. multiply it with atleast 2 and that will be a starting point  for you to compensate him. Why multiply it by 2. Think of the money you were planning to extract "sitting at home" and he in jail and his parents and relatives in jail.

He is not going to settle with less than that. Everybody has a price. I think 3 times is the correct price, but I think am lineant on you.

His advocate may tell him one thing, but you are not the only smart ass on this planet. He is fighting divorce because of some reason, (to teach you a proper lesson).

@author,

You have done a serious mistake of filing a false case against innocent for your selfish desires. If you feel there is real injustice done to you and allegations mentioned in 498 are true as per your understanding, you need to fight the case. If they are false, for which your husband and their family suffered unnecessary torture. This cannot be excused, you need to face punishment for it.

If you wanted to get divorce, there are other means, you should have settled the matter amicably before filing criminal cases. It is quite sad to hear working women are doing these type of illegal activities.

YOU TELL ME WHAT PUNISHMENT SHOULD BE GIVEN TO YOU FOR THE HARASSMENT, TORTURE WHICH YOUR HUDBAND AND FAMILY HAS UNDERGONE FOR FALSE 498.

Talk to police and get take the FIR back immediately before charge sheet is done. Say that it is false case and you want to take it back. That is the first thing you are supposed to do now.

Ms. Sikha,

As you (according to your own perception) have faced either physical or mental or both physical and mental harassment in matrimonial home, and that is why you filed Section 498-A case and that is why you do not want to live with him any more.  It is a genuine demand from the troubled woman.  So do not feel shame or shy for filing the case.  It is for the court to decide whether it is a false case or not.  We are here only to give you advice and not to decide the case for merits.  We are not judges.  You have just exercised the right given to you under I.P.C.   In section 498-A case, you will not be harassed by asking you regularly to appear in court.  Only at the time of taking your evidence you have to appear in the court in Sectin 498-A matter.  The complainant's presence for every hearing in sectionn 498-A case is not compulsory.

I come to the important question.  You filed divorce case.  The court notice, according to you, was served on the husband.  The first step in this case is, once he appears in the court,  the judge will try to resolve the matter by referring it to the counselling.  There, you insist for non-appearance of her advocate and if you have advocate, you simply ask the counsellor to bar both of them during counselling proceedings.  you put forth mutual consent divorce proposal and for that do not offer him any amount.  See his reaction.  He may accept it on the condition that you will withdraw Section 498-A case.  If this proposal suits you, you accept it and take the assistance of advocates to draw the petition.  Six month after filing the petition, you both will get the decree of divorce.

wish you best of luck.  

Thanks Adv Chandu Sir for your reply.While surfing in net regarding advice i came across this site and i posted my question.Seeing the reply from other learned persons i felt the here and im blamed for everything without giving a chance to answer.My answer to all learned person who have given their decision inspite of advice.

The distress that a woman goes can never be understood.A ll woman doesnt file case for money and harass others.I faced harassment and i went to police and adv for the same.They adviced me to do so.But  i dint put any blame on their family members,though they were involved in this and i dont want them to get into pain in their old age.In those circumstance i went ahead and i filed 498 A.Later on i realized doing so it will benefit him since it takes longer time to resolve (which is a rare in our court) and at the end will comefor settlement.

I will take your advice Adv Chandu Sir and go ahead,and may seek ur help sometime if i need.

One more question if its agreed mutually,why does it take 6 months  as some of my frnds suggested that it can be done within a shorter time if i file an affidavit stating reasons for decree.Since im planning to move out to US for a longer time and work there(through my company in India).

waiitng for your reply

regards

I agree with Chandu Sir's noble approach.

@ Shikha Jee, I appreciate and would like to wish you good luck in your near future, personal as well as professional. However my point were very simple, now since you want to go abroad for good many years and may probably want to start a new life, so why you need a divorce for that? No body stops you from going anywhere or working anywhere so why divorce? Even if you don't respond for next two years, he will get it post RCR or through otherways. If you plan to marry a NRI or anybody over there, still there would not be any problem for you. You will still get divorce ( and without paying anything to your husband's advocate).

Secondly, you seem to be a confused lot, sometime you believe so strongly on folks who suggested 498a (donno for what), sometime you make your own strong assumptions like 498a will expediate the process (read your last post), sometime you feel strong for his parents and still goes on filing 498a.

Anyways as rightly said by Chandu sir, we are not here to judge and side with anyone but rather to help the social cause in larger interest of society. However when the "Criminal proceedings" (498a) with the potential of damaging someone'e life (your husband & family) is underway, then anyone would look into al the aspects of the case and would definately questions the various possibilities which is what most of the members here have done and I am sure during trial the same question would come upfront from your husband's lawyer. Its not gonna be so easy,

Lastly your hurryness as reflected by you question regarding the waiving of cooling off period in case of MCD, raises serious questions upon some calculated moves. Anyways, I just wish Justice should prevail. Good Luck!

The easiest and the quickets and painless divorce is the mutual consent divorce and it takes not less than 6 months.  The reason is that the court gives the estranged couple to think several times between the first motion and second motion before severing the auspicious relationship.  If any one of the parties thinks that divorce is not the proper option, he/she can back out in the second motion.  What is first motion and second motion in some other thread, I gave a detailed reply and I reproduce it for your benefit.  This 6 month period cannot be reduced as per the latest supreme court judgment.

I will explain the procedure laid down in Mutual Consent Divorce (MCD) Petitions and any deviation from this normal procedure raises the suspicion of fraud.

In MCD, both husband and wife file a joint petition before the competent court.  In the joint petition neither does the husband put any allegation against the wife nor the wife does so.  They simply say that due to tempermental differences, they came to a decision that they cannot be tied up in matrimonial relationship any further and pray the court for dissolving the marriage by issuing the decree of divorce.  In this petition, they specifically aver that they have been living separately (separation has got different meanings, separation may also be under the same roof without discharging the marital obligations to each other) for the last one year from the date of filing of petition.  She must ensure that she is not pregnant at the time of filing the petition.  They also further assure the court that there is no collusion between the parties to file the petition.  Now comes the important part of petition.  If she has stri dhan lying in matrimonial home, she has to mention that in detailed manner and also put the procedure how it will be handed back to the wife.  If dowry is given at the time of marriage, the procedure to take it back has to be clearly laid down (the word dowry is not mentioned as it is an offence to give or take dowry, but mentioned as marriage expenses and gifts worth this much of amount).  If she is a working woman and her salary has been spent in matrimonial home and during that period out of that income either directly or indirectly the members of matrimonial home acquired any immovable properties or movable properties, she shall be compensated and that  the procedure to receive compensation amount by her from husband also to be mentioned.  Finally, in Indian society, the status of divorcee woman and man are not same and the former faces more disadvantages and for compensating them, she can seek comensation in terms of money as permanent alimony in lump sum. If children are there, their custodial rights / visitation rights and the issues related to their maintenanace shall be mentioned. All these factors get place in this petition.  The method that how much amount has to be paid at the time of first motion and how much has to be paid at the time of second motion also will be put down in the petition.This petition is placed before the judge and judge separately takes the statements of both husband and wife and also take undertaking that the statements are made without force, fraud, threat and coercision.  THIS IS CALLED FIRST MOTION.

After that, to fulfill the legal formalities, both husband and wife are sent for conciliation for one or two occasions and a long date more than six months will be given.  After six months again both husband and wife will move the same petition and husband pays all the remaining amounts mentioned in the petition.  The judge will again record their consent statement separately, just like in first motion.  THIS IS CALLED SECOND MOTION. After that decree of divorce is granted.

@sikha 

Right now 6 month period cannot be reduced as per the latest supreme court judgment.

And your question is already answered by our a professional person that is Tajobsindia
...And here it is:MAY 12, 2010.

Neeti Malviya                                     ...   Petitioner

                                VERSUS

Rakesh Malviya                                    ...   Respondent

https://www.lawyersclubindia.com/forum/6-months-waiting-in-Mutual-Divorce-discretionary-r-Mandatory-35747.asp

Dear Ram Singh,

A female is a  female, we must respect ofcourse she did wrong but dodnt use such words