Mediation directive under 498a
Sukhwant Singh
(Querist) 10 March 2012
This query is : Resolved
My friend (not a net savvy) a widow of 52 years had thought that the educated and very well qualified girl
( more qualified than him and employed ) of 47 years (unmarried, as was told to him) would like to settle in life... but she had some other plans..
My friend, a true gentleman has been taken for a ride by this smart and cunning partner. He is living under
constant fear because of the above mentioned queries in mind. I shall be grateful on his behalf for your
valuable inputs on the above..
Thanks
CSS
Deepak Nair
(Expert) 10 March 2012
Dear Querist,
If your friend had done nothing wrong, then he should have faced the trial and fought the case on its merits instead of living in fear.
Please note that the allegations are required to be proved beyond doubt in the court.
Since your friend have opted for a settlement, then I can only advise you to wait and watch. Because, opting for a settlement means your friend have indirectly accepted that he has committed wrong.
ajay sethi
(Expert) 10 March 2012
both parties have decided to dissolve marriage by mutual consent and you have agreed to pay wife x amount . you have paid 2 install ments already .
the acceptance by wife of x amount is binding upon her . make an application to high court for quashing under section 482 on basis of consent terms .
if your wife refuses to coperate she wont be entitled to any further payment . even if she subsequently files another case you can draw attention of the court to terms agrred betwen the parties on basis of which 50%payments were made .
Raj Kumar Makkad
(Expert) 10 March 2012
Surrender is not a solution to such problems. One has to stand in life and only his wisdom makes him come out of all difficulties. Follow the advice of sethi.
Shonee Kapoor
(Expert) 11 March 2012
Once the condiseration is paid, even SC has held the same matter has to be quashed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sukhwant Singh
(Querist) 12 March 2012
Thank you all for your advise, but if you could clarify the following points further..
When should the second motion petition be filed - Is there a time limit or it is to be decided mutually between the parties.
I shall be grateful..
Thanking you once again..
V R SHROFF
(Expert) 12 March 2012
as Consented, your wife will put herself in trouble, after she willingly and voluntarily accepted money from you in consideration of dissolving all disputes, and divorce you.
Mutually decide 2nd sessions , 6 months or later, with consent of court.
Shonee Kapoor
(Expert) 14 March 2012
Second motion has to be filed within 6 to 18 months.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
