amol sharma (Group Manager) 17 February 2012

Expert advice required

I send the legal Notice on 6th Feb’2010 .

My wife and her family filed 498a,406 and 125 CRPC on 15^th Feb’2010

Cases were directed to Mediation cell ,Aligarh District Court where we(my self and 498a wife) agreed to for the settlement on 18^th Aug’2010 .

Based on the below terms:

1. She agreed for the full and final one time settlement for Rs. 4,00,000 Only.

2. Both can remarry and take divorce mutually

3. Agreed to close 498a,406 and 125 crpc –which were closed as per the agreements reached at the Mediation cell ,Aligarh District Court

4. No future Maintenance and will have any legal relationship/rights between both parties.

But after receiving the money they aren’t ready to give divorce.

Its almost 18 months have passed.

Kindly le me know are they not bound to follow the mediation center terms .

What are the legal tools available for me in the above scenario?

I would need experts suggestion on the above terms

Thanks

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4 Replies

Tajobsindia (Senior Partner ) 17 February 2012

1. Approach HC to seek direction to wife to become Joint Petitioner in a MCD proceeding as both sides fulfiled terms and conditions and mediation agreement and both sides have closed respective caes against each other and money was also paid to her / her side as per mediation agreement.

Now what was left was to file MCD jointly by both of you.

2. Change your earlier advocate.
Reasoning: I am surprised of in-action of either sides advocate(s) to make you wait 18 months and now after 18 months you are here seeking remedy when post mediation neither party filed MCD whereas it was supposed to be filed.OR there is something in your brief which I am missing reading through !

[But at Aligarh District Court how S. 498a / 406 can be closed when mediation took place at same District Court Mediation Center or was the mediation at HC ???]

amol sharma (Group Manager) 17 February 2012

498a ,406 and CRPC 125 were complaint case at Aligarh District Court. Case was refered to Mediation center ,Aligarh District Court .After the settlement reached at Mediation Cell,Aligarh District court, all three cases were withdrawn or u can say closed.As there was no FIR and chargesheet there was no need of quashing at HC.

As per the aggreement Both can remarry and take divorce mutually

But they haven't given divorce yet .Apart from going to HC there is no other cases that could be filed

amol sharma (Group Manager) 03 March 2012

Dear All Experts in the forum ,

Need advice if i can file a case of Fraud and breach of aggrement against my inlaws .As i had given the money in Aug'2010 and till date they are not ready to give divorce.

Can i file these cases myself. Do give ur valubale suggestions at the earliest

Rgds

amol