(Guest)

Wife not filing divorce and not coming for mcd after settlem

Hi All,

My wife filed 498a & DP 3 & 4 on me and later my father in law filed sec 164 on my parents to add their names to 498a and submitted at magistrate court. Me and my parents went to police station and released on regular bail. In between our elders involved settled the matter for Divorce. In settlement agreement they mentioned like” I have taken 6 lakhs dowry and 80 gms gold and additionally I have to pay 1.5 lakhs for marriage expenses. Totally I have to pay 7.5 lakhs to wife” these agreement when made -me and my parents were in police station. Because of force of my elders and investigation officer me and my parents signed on that. Last month 20^{thNov 2013} we given all her belongings and gold infornt elders and my lawyer and same we have taken signature from them on Rs.100 rupees bond paper.

I have taken loan 7.5 lakhs money and issued check and we deposited in joint account and when I get Divorce and withdrawing her cases, after that these 7.5 lakhs money- joint account holders with draw money and give to my wife like that we made an agreement on Rs.20 bond paper. In that bond paper my father in law mentioned (6 lakhs dowry and 1.5 lakhs marriage expenses like that mentioned).

After that my wife is not filling Divorce and making delay to file divorce. Marriage happened on 22^nd Dec 2012. (In FIR, my wife mentioned 15lakhs dowry and 150gold given as Dowry).

1) Please advise me if she don’t file Divorce, how to collect my money from joint account?

2) Is there any chance to file again any cases my wife?

3) Please advise do you want me file any cases on them? And what precaution u want me take?

Thanks for quick advises and time.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 25 December 2013

The memorandum of understanding signed by both has to be honored by both the sides, if one is not honoring the same, the other one may legally explain the inability and ask for certain rectifications, if not the further proceedings has to be as per law. In your case it was agreed that the amount can be withdrawn by her only after the final pronouncement of the decree of divorce, so if she wants money, let she sign the papers for divorce, but for mutual consent divorce also you may have to wait for completion of one year from the date f marriage. Now courts will be on vacation till 1st Jan 2014, wait until then and then get her signatures in the divorce papers and proceed with the divorce case on mutual consent as was agreed upon by both the sides.

(Guest)

Hi, Thanks for quick advise and time. Is distirct courts also on vacation till Jan 2014? Please advise and let me know how to check whether my wife filed Divorce or not? Please advise if she dont file Divorce how to collect money from Joint account ? Thanks for quick response.