BHASKAR (ASSISTANT MANAGER) 28 July 2013

Mou impact /please advice me

Dear Every one

I got married on Feb 25th 2012. Mine is love cum arranged marrige . Due to certain small quarrel that started , her family and relatives intervened made it big . Her father has taken her from my house . They approached a lawyar for divorce , my marriage is registered under law. As it is less than 1 year to file for divorce , it is not possible to apply , there needs to be atleast 1 year fulfillment . She made us pay a final settlement amount of Rs 7.5 lacs to her on sept 2012 and MOU was made which is not registered in court but notarised .

They had never given me a chance to speak with my wife personally for 1 year and they changed her contact number also . After few days they changed a their lawyar and had sent me a notice in the month of April 2013 to appear for court on June 16th 2013, as i have denied to sign for mutual consent .

As i had enquired here from few lawyars , i need not pay any settlement amount to her as though we are married she is also working and we dont have any children. More over i She left me less than 90 days from the date of marriage . But i was made to pay 7.5 lacs, they kept in the petition that they have given 7.5 lacs dowry to me .

I need clarification about will be there any impact on me legally for MOU that i have signed ???? Is there any chance for me to claim my money back from them through court ?? . Is there any chance for my wife to file against me 498 case though she left me more than a year ago ???

Please advice me

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7 Replies

adv.raghavan (Advocate,9444674980) 28 July 2013

if u still love ur wife file RCR under section 9 of HMA 1955, if she is willing to go divorce contest on its merit, u havenot informed on what grounds she is asking divorce,as regards MOU u have signed with her prior to any court proceedings ,,will hold good to some extent in your defence in trial,.with regards to maintainence case,

BHASKAR (ASSISTANT MANAGER) 29 July 2013

Sir Thier relatives and the lawyar made me sign the MOU , so that i wont disturb them again. I was not allowed to meet her nor to speak to her over phone for more than 1 year . My first court session was on July 23 rd where in their lawyar said to judge" Out of the court everything is settled, he paid the final alimony also , but he is wantedly not sigining for the mutual consent now, the judge said court is help less" they directed us for counselling through a mediation cell.

I dont break the relation with her , how to file RCR , will be there be any impact one me now if i file ??? Please guide me , if needed i shall mail you the MOU soft copy. Please let me know ur mail id . my email is madirajubhaskar@gmail.com

adv.raghavan (Advocate,9444674980) 30 July 2013

if you are interested in giving divorce u can contest the case on its merit, if it has not been filed undersection 13B /U can go for RCR section 9 OF HMA 1955,for both these things your wife should be ready to cooperate with you. with regards to MOU u have signed let me know the contents.

BHASKAR (ASSISTANT MANAGER) 31 July 2013

Sir i shall send you the scan copy of the MOU and the petition . Please guide me how to proceed .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 04 August 2013

You are saying that yours was a love-cum-arranged marriage. As it is a love marriage you would have known each other for some time before the marriage. When your parents came to know of the love between you, were they readily willing for the marriage? Or was it that one or both the parties had reservations initially and they agreed only because both of you were firm in your resolve?

Do you feel that your wife was taken away from you against her own will? Do you feel that she wants to live with you, but is prevented by her parents? If so you can file a habeas corpus petition asking her to appear before the court and give her version. You can also apply for compulsory counselling.

(Guest)

Originally posted by : BHASKAR

Sir Thier relatives and the lawyar made me sign the MOU , so that i wont disturb them again.

What do you mean by made you sign? Were there goons with knives, swords, Ak-47s, sten guns pointed at you, and in fear you signed the MOU??

I was not allowed to meet her nor to speak to her over phone for more than 1 year .

You should have shown courage after getting married the love marriage way, in all of this what was your so called wife doing, was the meeting anxiety one-sided? It seems so.!

My first court session was on July 23 rd where in their lawyar said to judge" Out of the court everything is settled, he paid the final alimony also , but he is wantedly not sigining for the mutual consent now, the judge said court is help less" they directed us for counselling through a mediation cell.

Once you paid final alimony, then what more needs to be done?? If you do not sign the MCD, then court cannot do anything, but your wife can file a case against you that you withheld yourself from not signing MCD, which is a crime.

On the other hand, if you are not signing the MCD, the MCD will be dismissed. On one hand you lost money. On the other hand your wife will file divorce petition, which is contested divorce, file 125 crpc etc, might file false DV case or 498a case to harass you and also extort some more money from you.

I dont break the relation with her ,

Fickle mindedness this is. You are simply making life miserable for yourself and others involved in this, if it were to be like this you should have not paid money to your wife as final settlement. Lot many loopholes in your case, first you did not keep in touch with your wife for 1 year, next you sign MOU that you wont meet her. Haste waste, that's what will happen from now on.

how to file RCR ,

File RCR, ask her to come back. Even the judge will be confused about your behavior.

This kind of undeciveness will only make you a laughing stock.

Even if you file RCR nothing will happen.. Your wife wont come back and the court cannot make your wife to join with you and will tell the same words that they are helpless in this regard.

will be there be any impact one me now if i file ???

Impact will be there.

You will lose peace of mind, slowly.

Please guide me , if needed i shall mail you the MOU soft copy. Please let me know ur mail id . my email is madirajubhaskar@gmail.com

MOU means memorandum of understanding. for marriage to work you need understanding. Even for marriage not to work and part ways via divorce, you need understanding, when that is not there, no MOU can do nothing.

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