Permanent alimony.
Sanjay
(Querist) 19 October 2016
This query is : Resolved
I am fighting a case u/s 498a in rohtak.Trial court acquitted us and the session court has convicted us.We setteled for a compromise with other party and the complainant agreed for dissolution of marriage on the payment of Rsx.Now as we have paid this amount and we have filed mutual consent divorce u/s 13B what else the complainant can ask for after the grant of divorce.
Ms.Usha Kapoor
(Expert) 20 October 2016
She may ask for stridhan an dowry amount if any paid to you by her parents.
Kumar Doab
(Expert) 20 October 2016
It is open till she appears and sign.
Kuummaar AS
(Expert) 20 October 2016
Sanjay.
YOU HAVE SAID,
"I am fighting a case u/s 498a in rohtak"
"we have filed mutual consent divorce u/s 13B"
ARE THESE STATEMENTS IN CONSONANCE?
FURTHER, YOU HAVE SAID,
"We setteled for a compromise with other party and the complainant agreed for dissolution of marriage on the payment of Rsx."
Your query is "what else the complainant can ask for after the grant of divorce."
FOR GETTING PROPER REPLY FROM EXPERTS, YOU SHOULD COME OUT WITH DETAILS ON THE BASIS OF WHICH SUM OF RS.x WAS ARRIVED AT DURING COMPROMISE.
Sanjay
(Querist) 20 October 2016
stridhan was recovered by the police at the time of filing of case.
Kumar Doab
(Expert) 20 October 2016
You may account the option that; she may backtrack.
Sanjay
(Querist) 20 October 2016
Dear Kumar AS,
Due to the comprimose the sesions judge released us on probation of 2 years.the complainant asked some amount but session judge finalezed it to this x amount and he has specified in the order that this matrimonial dispute has been setteled and the complainant has taken her permanent alimony.First motion of 13B is done.Now what else she can ask for.
Sanjay
(Querist) 20 October 2016
Dear Kumar Doab,
If she doesn't appear on second motion then what we can opt for.If she ask for someting else then how we can refuse to give.
Sanjay
(Querist) 20 October 2016
Dear Kumar Doab,
Sorry i couldn't understand.
Kumar Doab
(Expert) 20 October 2016
Your own counsel must have advised you.
Devajyoti Barman
(Expert) 21 October 2016
After grant of divorce also she can again apply for maintenance if she is otherwise entitled like remains unemployed.
Legal rights can not be waived by mere agreement.
Kumar Doab
(Expert) 21 October 2016
Convince and help her to get a job and settle down and file copy of her offer/appointment letter.
Sanjay
(Querist) 21 October 2016
if i am unemployed as well then?
Kumar Doab
(Expert) 21 October 2016
Husband has pledged to take care of family while marrying.
Rajendra K Goyal
(Expert) 21 October 2016
The terms of Mutual Consent Divorce has to be referred.
Try to get the case u/s 498A quashed through High Court.
Sanjay
(Querist) 22 October 2016
if i refuse to give her what ever she demands then?
Guest
(Expert) 22 October 2016
Mr. Sanjay,
Time and again you are coming with your vague presumptions, like --
1) "If she doesn't appear on second motion then what we can opt for.If she ask for something else then how we can refuse to give."
2) "if i am unemployed as well then?"
3) "If i refuse to give her what ever she demands then?"
Then, instead of expecting tutorials for your academic query, you should wait for and be satisfied with the decision that the court may take in your case?
Kumar Doab
(Expert) 22 October 2016
You have posted that:
"If she doesn't appear on second motion then what we can opt for.If she ask for someting else then how we can refuse to give.'
Your own counsel must have counselled you on all probabilities and all actions.
Rajendra K Goyal
(Expert) 22 October 2016
Please explain the position in reference to the post from expert P.S. Dhingra ji.
Sanjay
(Querist) 23 October 2016
Respected Lawyers,
I just want to know the entitelment after MCD which has been filed after a compromise and after paying the settelment amount.
