Settlement for divorce - wife lawyer asking cash (no dd or..
Raj Sinha
(Querist) 06 August 2017
This query is : Resolved
To settle false case of 498A/406, my wife's lawyer is asking for 30 Lacs and he said that he will settle in this amount and he will pay to girl and all. He is asking for 50% advance before our next hearing on my and my parent's bail plea (AB). I have few straight questions:
Q1. Should we give him cash in hand without any proof? How can we ensure that the money we are giving, he will not cheat us later by saying that we never gave him the money. What proof can we ask the lawyer so we are sure that we are safe?
Q2. What will happen if the wife signs compromise deed and gets the money (still in cash, no DD) and refuses later. Can she be held guilty?
Q3. What if I tape the recording in private and then can use it (in case he turns false) if he refuses to gives us money.
Rajendra K Goyal
(Expert) 06 August 2017
You should proceed only after proper terms are settled, written signed with witness or the statement is given before court. Pay only through cheque / banking channel.
Raj Sinha
(Querist) 07 August 2017
Thank you Mr Goyal for honest advice. Judge has asked me to return the items like tilak money given to me and engagement ring etc. as they are also streedhan, else my lawyer is saying that my parents an me will not get bail. What should I do? We are very stressed as we have to travel 500 kms everytie due to this false case and since the case is filed, my wife has never come to court even after the judge asked her to come last time.
P. Venu 
(Expert) 07 August 2017
Your lawyer is less than professional.
Raj Sinha
(Querist) 07 August 2017
Thank you kindly Mr Venu for your advice (Really thanks to both of you for guiding me here). Even I have the same feeling as I feel that my lawyer is not defending me correctly and has been involved with the opposite side. I would request you to guide me to find a good lawyer in Chandigarh who can fight my case will honestly as I have written document from my wife and her father that they want a mutual divorce with no allegations. This was recorded by both parties with 10 witness.
Rajendra K Goyal
(Expert) 07 August 2017
You can return the items before court, bring the fact on court file.
It seems the matter of bail of parents is crucial matter at this stage and point of blackmailing from other party.
Rajendra K Goyal
(Expert) 08 August 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Items-given-to-husband-during-marriage-are-returned-by-force-650386.asp
http://www.lawyersclubindia.com/experts/498a-406-stay-on-arrest-extended-and-not-giving-bail-650251.asp
