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rani jain (others)     26 October 2020

498a quashment & alimony

This is for 498A pending in Borivali court Mumbai. Parties have mutually agreed to divorce on payment of alimony. Now the groom is saying alimony will not be given to wife. But submitted in family court Bandra. And will be given to her only after quashment & decree of divorce. We -wifes family dont trust them. Is there any procedure where Family court keeps DD. And give it to wife after quashment of 498A & decree of divorce. If so how much time will it take to claim amount from court.



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 4 Replies

Real Soul.... (LEGAL)     27 October 2020

Is there any procedure where Family court keeps DD. And give it to wife after quashment of 498A & decree of divorce. If so how much time will it take to claim amount from court.

Yes you can ask him to deposit the money in court with an application giving detail of money and therby seeking release of money upon the cases are settled .  

It will depend upon the settlement of cases then, once the cases are disposed off you can file application for release of money.
 

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rani jain (others)     27 October 2020

Dear Sir

Thanks a lot for revert. Also wanted to check is this the only way to get alimony. As the divorce is by mutual consent, cant we demand alimony at the time of recording evidence in family court & settlement of cases can be done through agreement. Please confirm.

 

Regards

Rani

Real Soul.... (LEGAL)     27 October 2020

Yes during recording the consent statements you can  ask for alimony and make the submission before court for its payment by your husband. 

If you want to make an settlement agreement it is better you seek court direction to that extent so that it is more effective and also state the terms in application for execution of divorce deed/agreement

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 October 2020

1.  Husband & Wife can execute a registered "Settlement Deed" with all relevant clauses and submit in court. With court's consent, the Divorce shall be granted against the terms and conditions mentioned in the settlement deed.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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