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harsh pratap singh (sseef)     13 February 2013

Complex situation before mcd!

Dear Experts,

After 6 years of court cases opposite party(gal's side)  is willing to settle the dispute and ready to file for divorce by mutual consent.

Some of the gold jewellery along with clothes and other gift items of girl is lying at my house, which I am ready to hand it over to the opposite party on the day I get decree of divorce.  But Girls side is insisting to first hand over all the items,   on the contrary, I have zero faith on the opposite party, after handing over the items......once they get the items  they may simply deny to file for MCD.  (I believe gal's side is under impression that once i get decree of divorce, i will simply deny to hand over her belongings).

Is there any provision in law that i may submit all her items in the custody of court and after getting decree of divorce items may be handed over to the girls side? if yes, what is the procedure?

Please advice.

Harsh Pratap 

 

 

 



 8 Replies

MohammedRaffiq Bijapur (Advocate)     13 February 2013

Trust is important

There is no law to deposite the items in the custody ofcourt.

An understanding can be arrived upon between both of u.

Sachin Agarwal (Learner in Law)     13 February 2013

This happens !  As the trust has gone no one trusts the other party.  Here is a practical suggetsion.

 

You may involve a common friend / relative. Whom both of you trust and deposit the belongings with him / her. This person will act as custodian and hold the property in trust. (call him the trustee)


The same may be handed over to the other party after a decided time period, or happening of a certain event.

You may even mention the same in the settlement deed which both of you will eventually sign. Later on the acknowledgement receipt of goods from the other party may be obtained by the trustee and given to you. You can even deposit  a copy of the same to the court

Ramana (Owner)     13 February 2013

Dear Pratap, Your perticular problem can be solved by means of Letter of Credit issued by banks. I am not quite sure but it works on the lines of what you both want in business lines. Or you can keep the Jewelary in a locker and give the key to a custodian who can be trusted by both parties(see that he is not a cheater).

mohammed qadeer.M (legal practitioner)     13 February 2013

Dear Harsh say d other party u will hand over d items on d day of filing mutual consent divorce petition & d imp thing the return of all d items by you has to be mentioned in the petition...by dis u will be safe & dey can't deny of receiving d items...

Chetan Joshi (Advisory/Advocacy)     13 February 2013

Is it all they want....?? Isn' t there a settlement amount involved??...Both of the parties have their own insecurity...There is no guarantee if either one refuses to perform his/her part of promise...

 

You may have a written statement taken stating the reciept of the articles..

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


(Guest)
Originally posted by : harsh pratap singh

Dear Experts,

After 6 years of court cases opposite party(gal's side)  is willing to settle the dispute and ready to file for divorce by mutual consent.

Some of the gold jewellery along with clothes and other gift items of girl is lying at my house, which I am ready to hand it over to the opposite party on the day I get decree of divorce.  But Girls side is insisting to first hand over all the items,   on the contrary, I have zero faith on the opposite party, after handing over the items......once they get the items  they may simply deny to file for MCD.  (I believe gal's side is under impression that once i get decree of divorce, i will simply deny to hand over her belongings).

Is there any provision in law that i may submit all her items in the custody of court and after getting decree of divorce items may be handed over to the girls side? if yes, what is the procedure?

Please advice.

Harsh Pratap 

 

 

 

 


Thank your good stars that she is asking just her belongings back.


What you can do is, when filing MCD application, you can take all her belongings to the court, that too make a list of articles, gold etc and attach the same with the application of MCD, before the judge handover the articles, and she would sign as recieved on court papers.


Headache gone, best of luck for your future life.

harsh pratap singh (sseef)     16 February 2013

Dear Experts,

Thank you very much for your comments!

One more query, if i file for MCD in section 13B then next date after 6 months will be fixed.

In between this period of  6 months, suppose girl goes abroad with her live in partner or for official work say for next 2 years. 

Then what will be the fate of my MCD case? I will be hanging in between, because I have heard until and unless both the parties are present on the next date i.e. after 6 months of filing the case, divorce cannot be granted.............in that situation what should i do?

Please advice!

Harsh Pratap


(Guest)

u dont file but let her file it


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