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S.N GUPTA111 (Retired)     30 March 2014

After mcd wife not cooperating in fir quashing in hc

Dear Sir,

Divorce decree has been awarded by MCD on 18.02.14, as per mediation agreement full & final amount was bifurcated in 4 installments out of which 3 installments already paid & 4 th installment was to be paid at the time of quashing of FIR in HC within one month of 2nd motion,now other party is not co-operating in quashing of FIR on one demand or the other.till date we are obeyed all the obligations as per mediation orders.Please advise any implecations on us if FIR not quashed in time.Can we opt any other way to quash the FIR.



Learning

 13 Replies

aap (manager)     30 March 2014

Why dont u ask court to send her summons as per the terms of the agreement u fulfilled the conditionsif she doesnt apper after summons file contempt of court against her

aap (manager)     30 March 2014

Why dont u ask court to send her summons as per the terms of the agreement u fulfilled the conditionsif she doesnt apper after summons file contempt of court against her

S.N GUPTA111 (Retired)     30 March 2014

Our Advocate is of opinion to wait for some more time,should we wait or ask him to file the case in HC immediately.

sandykrish (Interested in Family LAW)     30 March 2014

Yes, during the next hearing date ask your lawyer to file memo to summon her, if she doesn't come then case will be decided and honorable court has the right to file the contempt of court against her. Your lawyer may have fixed hands with the opposite lawyer to swindle some more money in climax stage. Just tell him what you have to do and not to listen to his words unless sounds logical.

Shantanu Wavhal (Worker)     30 March 2014

rightly said by sandykrish

S.N GUPTA111 (Retired)     30 March 2014

Thanks a lot

aap (manager)     30 March 2014

Where u did the mediation in court or out of court, if done in court then did ur statements got recorded at the time of mediation

And whren u applied for mcd did u mentioned about mediation terms and conditions done in mediation in ur mcd petition

S.N GUPTA111 (Retired)     30 March 2014

Mediation was done in the court before Honble Mediation court Judge and duly signed by both parties along with respective Lawyers & Mediation Judge & all terms and conditions written &  duly signed by all.The Quashing was to be filled after Divorce decree (within one month of 2nd Motion) on 18.2.14 on or before 18/20.03.14,but at time of filling Quashing of FIR other party raised demand (which was not written in mediation)& denied signing of mutual papers to be filled in HC,wherein in mediation they have undertaken to co operate in quashing of FIR. Our lawyer called on their Lawyer but he is reluctant to get the papers signed however papers has already handed over to them.

K*I*L*L*E*R (tech)     31 March 2014

dear gupta ji

once the mediation is done the mediatior sens its report to court back saying the matter is settled and after that when the court receive the report as settled calls both parties for recording their statements-----have u went that time to record the statement that ur matter is solved and if u recorded the statement do u have order from court that mediation has happened(is it written anywherer in court order)

if yes u dont need anything from girl side file memo and tell the court u have fulfilled ur agrement as per the condition of mediation terms and the rest amount is reay to pay to the complaintent,by hearing this court will sends summon to girl and even if she doesnot appear fir will be quashed based on merits

but if tere is nothing mentioned anbout mediation order in any court order then its big brunder ur laweyer did because anyone can backout in such a case

moreover is anything mentiond in mou at the time of mcd filed,did u mentioned the terms and conditions in mou about the mediation settttlement....

S.N GUPTA111 (Retired)     31 March 2014

Dear Sir,

The report of mediation was sent to court for grant of bail & 1st installment of money was given by us in form of FDR,after which 1st motion was filled along with 2nd installment. After gap of 6 months (which is required under Hindu marriage act) 2nd motion was filed along with 3rd installment in form of Draft,after this court passed order of Divorce under sec13-B(2) and decree was awarded on 18.2.14,now  as per Mediation orders 4th installment was to be given HC at time of quashing of FIR which was to be filed within one month of 2nd motion.Now at this point of time Lawyer of Ex-wife raised undue demand(sarees etc) which were never mentioned in Mediation & not co-operating in signing the required affidavits required for filling case in HC for quashing of FIR.

My concern is that if there is delay in filling the case in HC for quashing exceeds 1 month which already has exceeded,can HC can implicate any penalty on us (However we are ready with 4th Installment to be paid but due to non co operation from other party delay in filling is occurring).Other party has hired lawyer of Supreme court & our lawyer is of lower court,their lawyer has dominated us at each & every step and is very cunning.

Now a days this has become a routine matter to file Case U/S 498 A & 406 and extort money from in- laws,damn with this law which is widely misused & no body is there to help.There should be some amendment that if Women found wrong who has filled false FIR should be also punished to keep tap on false cases.

S.N GUPTA111 (Retired)     31 March 2014

Dear Sir,

The report of mediation was sent to court for grant of bail & 1st installment of money was given by us in form of FDR,after which 1st motion was filled along with 2nd installment. After gap of 6 months (which is required under Hindu marriage act) 2nd motion was filed along with 3rd installment in form of Draft,after this court passed order of Divorce under sec13-B(2) and decree was awarded on 18.2.14,now  as per Mediation orders 4th installment was to be given HC at time of quashing of FIR which was to be filed within one month of 2nd motion.Now at this point of time Lawyer of Ex-wife raised undue demand(sarees etc) which were never mentioned in Mediation & not co-operating in signing the required affidavits required for filling case in HC for quashing of FIR.

My concern is that if there is delay in filling the case in HC for quashing exceeds 1 month which already has exceeded,can HC can implicate any penalty on us (However we are ready with 4th Installment to be paid but due to non co operation from other party delay in filling is occurring).Other party has hired lawyer of Supreme court & our lawyer is of lower court,their lawyer has dominated us at each & every step and is very cunning.

Now a days this has become a routine matter to file Case U/S 498 A & 406 and extort money from in- laws,damn with this law which is widely misused & no body is there to help.There should be some amendment that if Women found wrong who has filled false FIR should be also punished to keep tap on false cases.

aap (manager)     31 March 2014

Did ur lower court proceeding stayed or not

Hdelay in filing quash doesnot effect u but its better to quash it as soon as possible

Why dont ur lawyer put the divorce decree along with mediation agreement in hc, after filing notice of motion will come in 1 week time at there ur lawyer shoud tell the court about ur agreement so summon will issue to ur wife

S.N GUPTA111 (Retired)     31 March 2014

Dear Sir,

Subsequent to the chargesheet filled by IODate with MM family cour was attended on 20/3.14 & copy of decree was ubmitted and next dtae of 28 july is given.

As per your advice I will ask my lawyer to put divorce decree along with Mediation agreement in HC,but our lawyer is of opinion that we should wait & not bow to their undue demands,they will come on line in due course as they will be getting last installment in HC & will be better to settle without getting served notice from HC.

Thanx for your valuable advice


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