How reliable is this?
santosh kumari
(Querist) 10 June 2014
This query is : Resolved
Dear experts After long sufferings and as per your advice On 2.5.2014 i filed 498 a n domestic voilence case.
My inlaws gave 4 lakhs to police as bribe to police to avoid arresting
I had a meeting before police with my inlaws.there we decides to go for settlement.
Please note that i had filed case via judicial magistrate class I.they were
Asking for mutual divorce.my husband is marine engineer grade ii in merchant navy.earning 3.5lakhs per month.we were married 0n 20.1.2010we have a dauhhter who is 2.7years old.they are not ready to keep me n my daughter.
My inlaws are saying.they will give 26 lakhs in two installments
1.on 18.6.2014 as DD of Rupees 13 lakhs .before i withdraw the case 498 a n domestic voilence
(To my lawyer D D will be given)
2.on 20.6.2014 ...they will put bank gurantee paper of Rupees 13 lakhs...on divorce paper.which will be submitted to family court.
Stating that
13 lakhs will be paid on final day of divorce certificate.
It may take 6 to 18 months.
How reliable is this? Now this amount is sinlgle source of leaving for me.plwase suggest me.my inlaws are inpredictable.
Before police they said on 3.6.2014 that they will give cash 26 lakhs in hand.and now situation is above mentioned.papa has under stress by society.please suggest me
Kind regards
Santosh
Devajyoti Barman
(Expert) 10 June 2014
The method appears to be safe.'However take first installment on withdrawal of DV case keeping the last till withdrawal of 498A case.
Impact of 498A case is more , so withdraw it at last stage.
santosh kumari
(Querist) 10 June 2014
Ok sir.they want me to withdraw 498 a and domestic voilence case on same day ie 19.6.2014
On 20.6.2014.there is my first hearing of domestic voilence case.
II INSTALLMENT will be paid on final day of divorce case.
It may take 6 months to 2 years.my querry
1.i must withdraw domestic voilence on 19.6.2014 and not 498 a.u mean to say this.?
2.must keep 498 a till 2 years?
3.D D payemnt can bounce back.can this happen?
4.i have no idea about Bank gurantee.never heared this sir..which bank's gurantee shall i ask for?
Kind regards
Rajendra K Goyal
(Expert) 11 June 2014
You should avoid to withdraw 498 A till full amount is received.
Bank draft can not bounce in normal course. Its payment can not be stopped by them.
Final hearing would take place in 6-7 months and no need to wait for 2 years.
You have all rights to withdraw your consent till second motion at any time.
Bank guarantee is Confirmation / guarantee from Bank that in case of default in promise, bank would honor the liability. However, the language of the Bank guarantee must be seen minutely. If language is acceptable Bank Guarantee is safe. It is acceptable method in big dealings / contracts.
Sunil S Nair
(Expert) 11 June 2014
You seem more worried about money then anything else
ajay sethi
(Expert) 11 June 2014
agree with Mr barman
Guest
(Expert) 11 June 2014
Bank guarantee, in addition of DD for 13 lakhs and its encashment, seems to be ok before withdrawl of the case.
malipeddi jaggarao
(Expert) 11 June 2014
Agreed with experts.
Let your advocate handle the reconciliation and safeguard your interest in receiving the agreed amount. Keep faith in him.
R.K Nanda
(Expert) 11 June 2014
agree with experts.
Kumar Doab
(Expert) 11 June 2014
Agreed with Experts.
As pointed out by Mr. Goyal the language of Bank Guarantee should be carefully gone thru preferably by a lawyer on your side well versed with such matters.
K.K.Ganguly
(Expert) 11 June 2014
1. Rs.26 Lakhs is less for a Marine engineer,
2. Try to bargain for more,
3. Collect the entire money by signing the MCD petition wherein it will be mentioned that you will withdraw all your cases within 15 days from the date of filing the MCD petition.
Raj Kumar Makkad
(Expert) 11 June 2014
I do agree with expert Ganguly. Bargain hard as a long life is waiting for you.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
In my opinion, the said arrangement made by your in-laws seems to be agreeable and acceptable. As far as second payment is concerned, if it is not being paid properly, you can always withdraw your consent during second motion. You chances are not fully closed, so better to go for amicable proposed settlement instead of contesting long drawn litigation.
santosh kumari
(Querist) 17 June 2014
thank u experts.i know its small amount from a marine engineer ..but in my family my father is not feeling well since the day i was domestically troubled.parents want peace now.
ajay sethi
(Expert) 17 June 2014
well go as per your parents wishes
Raj Kumar Makkad
(Expert) 17 June 2014
It is your moral duty to fulfil the desire of your parents and bring peace for them by following the advice provided to you.
