Advice
amol sharma
(Querist) 06 April 2012
This query is : Resolved
Marriage happened in Jan'2008
Came to know wife suffering of BPD, in March'2008 due to taking medicine. Tried to ask her but no answer, also taken up the matter with my in-laws but no response from them. My father fell ill in April ‘2008 as he was suffering from Parkinson. He passed away in Aug ‘2008 in Luck now.
I came to Delhi on 22nd Aug’2008. Leaving my wife in Luck now as my
mother was alone and she (My wife) had to return on 30th Aug'2008 .But she had an attack of BPD in 25th Aug'2008 and on 26th her father came and took her to aligarh to get her diagnosed where her medical treatment was going on .Prior to leaving Aligarh we had also got the checkup done by local Doctor (Neuro Surgeon) whose prescripttion was taken up by her father. We tried asking them the details twice in Jan'2009 and Jan'2010 but not getting any answer we send the legal notice thru our advocate in
feb'2010 in retaliation they filed 498a,406 and 125 crpc in Aligarh .All
were complaint case . Cases were transferred to mediation cell at aligarh district Court.After several round of mediation we aggred for the same in Aug'2010 thru payment of money. Terms were of withdrawing of all
the three cases and mutual divorce. But till date they haven't given the divorce. I had then filed the divorce on 31st Oct'2011 in aligarh court on
grounds of cruelty and desertion . In reply to my petition the Ws given ‚ that we had to pay clothes and jewelry .But there was no such agreement. Between us.
Kindly advice what should be my next steps can I file cheating ,breach of agreement and contempt of court and anybody send me the sample of all the petitions which I could change according to my case.
V R SHROFF
(Expert) 06 April 2012
If you settle & file MCD, it is batter.
Deepak Nair
(Expert) 06 April 2012
Better to get services of an advocate.
You can file a petition for divorce too. there are many valid grounds to ger divorce in your case. A good advocate is what you need now.
ajay sethi
(Expert) 06 April 2012
no ready made drafts . you have already filed for divorce . why do you want to file more cases . it appears your wife dosent want divorce by muttula consent as inspite of terms being drawn at mdeitation cell she has not agreed for divorce .
if she refuses you have to fight for divorce . it may take some time
prabhakar singh
(Expert) 07 April 2012
can I file cheating ,breach of agreement and contempt of court ????
No ,You do not have right to file such cases
merely because she does not stand to terms agreed in mediation cell .
amol sharma
(Querist) 07 April 2012
I have read a artice in June'2011 TOI .That HC of DElhi has issued a Contempt notice to a lady who has not followed the settlement deed terms and conditions.
Shonee Kapoor
(Expert) 07 April 2012
Hmmm.
Don't waste time in negotiating further, pursue your case with vigor. Though no concrete advise is possible on the facts given. I hope you have an effective lawyer.
Join http://forum.498a.org/ and attend local SIFF meetings.
If you think that undersigned can be of any assistance, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 07 April 2012
Dear
The conduct of the petitioner in filing cases against you does amount to cruelty and rightly so you filed the case.But once the settlement took place at mediation it becomes the record of the court.Non compliance with the order of the court is itself contempt of court.I don't think you have to plead hard to get the relief.What other help you are looking for?
919555462995, Delhi
amol sharma
(Querist) 08 April 2012
Shoneeji i have emailed you the case details at your email id .Kindly let me know your valuable advice.
