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sanjeev rajpurohit   08 May 2023

My sons wife problem

WE WANTS TO GET DIVORCE OF MY SON ON ONE TIME ALEMONY AMOUNT RS 700000/- WHICH SHE WANTS GET ON FIRST MOTION AND METIONING THAT SHE GET THE AMOUNT THEIR AFFTER IF SHE NOT CAME IN SECOND MOTION WHAT HAPPENED OUR DIVORCE IS ACCEPTED OR OUR APPLICATION GET REJECTED PLEASE GUID


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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     08 May 2023

You enter into a MOU fotr this settlement term and also obtain an acknowledgment for the receipt of the said amount in the presence of witness from her side.

If she is not turning up for the second motion  and if the Mutual consent divorce case is dismissed then you can file a contested divorce case on the grounds of mental cruelty by adding this incidence as another ground besides other grounds. Also you can file a money recovery suit to recover thie amount because as per MOU she received this amount in order agreeing for divorce on the grounds of mutual consent. If she had violated the conditions or breached the terms of MOU, then she becomes liable to return the amount received by her.

The receipt  acknowledging the amount received by her is an evidence to file money recovery suit against her.

Dr J C Vashista (Advocate)     09 May 2023

Mr. Sanjeev Rajpurohit,

Divorce petition might have been filed by your son and his wife (your son and daughter in-law) isn't it?

Settlement has to be in writing and  two witnesses from both sides and attested by notary public which would form part of divorce petition. The Settlement deed must contain each and every condition including 1/2 of agreed amount of alimony to be paid in the court through bank (DD/ NEFT/RTGS etc.) with a copy kept in judicial file at the time of recording statement under first and remaining while recording statement second motion. Such document has to be binding to both the parties.

Your lawyer must have explained it. 


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