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sam munjal (na)     18 September 2012

Settlement happend in court

225000 and admitted items full and settelment happen in court past present future maintenance alimony all other cliams include stree dhan 125000 and admitted items paid by me in court and police sation respetvliy as per compromise she had to give mutual divorce which she didnt now i file contesed divroce can my wife file section 24 on me


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 5 Replies

rahul (director)     18 September 2012

I don't understand, how you given with filing 13B(1), and id this settlement done in court.. how can she deny? there must be somthing wrong in settlement deed.

rajiv_lodha (zz)     18 September 2012

Post the necessary details so that members can help u.

As far as Sec24 is concerned, she may very well file it in ur contested divorce petition.

sam munjal (na)     18 September 2012

will section 24 rejected as full and final settelment happend  past present future maintenance  alimony  all other cliams inculdes stree dhan  .

Tajobsindia (Senior Partner )     19 September 2012

1. There are too many fundamental wrong process flow read with wrong way of asking relief in your query is my short view.
2. If you want remedy then be precise and help us understand your query in better light for possible advise instead of summarily asking “will she file and do I have to pay NOW maintenance under S. 24 HMA......?);

Here are few background basics which we need from you to understand your query:-

- under which Section of the Act what was filed first?
- where settlement happened i.e. before mediation cell or via jointly filed mutual consent divorce?
- was the settlement turned into jointly executed MoU / Agreement?
- or was the settlement arrived jointly by parties converted into Decree by matrimonial court?
- when was the first motion statement recorded?
- what and where did you pay as your part of obligation during first motion?
- when was the second motion statement recorded?
- what and where did you pay as your part of obligation during second motion?
- what reason she (your wife / her side) placed before Court for consideration during enquiry stage at second motion not to carry forward her consent for mutual consent divorce and thus MCD was dismissed for lack of consent inspite of two payments already met by you as per terms of settlement?
- why and on whose legal advise you have filed a contested divorce case now?
- under which Section of The Act this fresh divorce case is filed?
- what is the date (in dd/mm/yyyy) you have filed fresh divorce case?
- did you get back the two sums of money that you mentioned in your first query back?

Take time out to answer above basic and if feel un-comfortable may exactly answer in clear English language via PM back to me. Let me see if I can help you now?
 

sam munjal (na)     19 September 2012

sir  tajobsindia  

                                my settelment happend in court  mediation  on 225000 and admitted items as full and final settelment past present future maintenanace alimony all other cliams incuding stree dhan i had to submit 125000 fdr on the name of my wife in court  and same had to be relaesd in first motion i was unbale to made fdr  thats why  i gave 125000 chuqe to my wife before judge and judge order her to make 125000 fd  and submit in court which she didnt  balance one lakh to paid on second motion  as per compromise she had to flie mcd and withdraw all the case she didnt  sign first motion  we filed contempt  to court our contempt dissmissed  now i filed contested divorce  her lawer said i want time for reply   if she file section 24 will it be rejeted

 


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