Dear Sirs
Here is the complete details of my case:
Marriage as per Muslim custom. in 2014 she left and filed 498a and DVC.
Acquitted in 498a and allowed partly only maintenance to wife and son in DVC.
Paying monthly to son no problem for me and filed in HC to reduce maintenance to wife.
In 2023 amicable settlement by pre-litigation trial at LOK adalat for one time full and final settlemt filed by her.
Terms and conditions in the LOK Adalat recorded are:( I have received award copy)
1. paid half of the full and final settlement amount(equally shared by wife and son) by DD.
2. she is ready and willing to take divorce by filing original suit No. ABCD (she already filed) in family court. Balance amount to be paid at the time of granting decree of divorce. and she agreed for that in terms and conditions
3. She will not claim any reliefs in DVC as well as maintenance in future as the matter is settled before this PLC.
Present sitation in family court for divorce filed by her under muslim marriage :
My lawer told me to give complete remaining amount Demand Draft to wife while attending mediation centre. or for safety purpose, DD retain by husbands lawyer till wife attend next court dates.
My questions are:
1. Two months gap between mediation date and next "await report" date. after taking DD in mediation centre, if she refuses to come to court later what will happen as she only filed divorce.
2. can I give post dated cheqes to my lawyer instead of DD to retanin confidence in me. this is to bring her court to complete divorce process and also due to limited 3 month DD Validity.
3. As mentioned in LOK adalat terms (no. 2 ) balance amount to be paid at the time of granting decree of divorece then when to give remaining amount as there is no first motion or second in this divorce case as per muslim marriage act.
4. or to give balance amount only after court date " reserved for orders"
With the precious guidance from this group I am at the final stage of court cases..
I may be given some direction to finish this court matter.
Many thanks
1. It is her decision to continue the case or not, but since on the pretext of divorce she had collected the amount, you can file a recocery suit to recover the amount since she failed to deliver the requisite result by obtaining divorce decree.
2. You do not have to prepare the DD now itself, you can wait for her turn up on the date of hearing and see what she does, after which you can purchase the DD on the same day to hand it over to her.
3. It is a contested divorce hence you may have to remain absent before court so that she gets an exparte div orce decree after which you can handover the DD and stay away from her.
