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Soma (ta)     06 December 2012

Dissolution of marriage

My brother got married to girl who had filled a 498a against all of my family member
and has demanded 5 lakh of rupees.We gave the girl 2.5 lakh and we got the bail as the girl stated
that she is living with us and all misunderstanding has been solved.
Though this statement was wrong we got the bail.Then we had agreed upon the fact that once 498a is solved and
 my brother get the divorce we will give her next 2.5 lakh.Due to ignorance we had given the girl next 2.5 lakh cheque
as her family promised that they will encash this cheque once our condition is fulfilled.But after that...on the stipulated
date the mutual divorce didn't happen and also the 498a is also still not resolved we had made a stop payment for
 the next 2.5 lakh cheque.Then the girls family brought a case under NI act 138 which is now pending in high court.Also in the meantime she has fiiled a case under crpc 125 for alimony which also pendingin high court.
Few days ago we got a summon from the girls end for dissolution of marriage.We little confused about

1. The date for dissolution of marriage is 10/12/2012.Our high court lawyer is teeling us that he wants to object this disollution of marriage and will take this case as weel to high court for quashing.We are confused how this will help us.
2. Will it at all possible for us to oppose this dissolution of marriage and stop the girl getting the divorce before our 498a is not solved.


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 4 Replies

Sudhir Kumar, Advocate (Advocate)     06 December 2012

Your queries are scattered at different threads some of them are:-

 

https://www.lawyersclubindia.com/forum/Regading-ni-act138-68226.asp#.UMBbyWfPz_0

 

https://www.lawyersclubindia.com/forum/Ni-act-138-68296.asp#.UMBbxWfPz_0

 

https://www.lawyersclubindia.com/forum/Dissolution-of-marriage-70489.asp#.UMBbwWfPz_0

 

can you prove that the cheque was given as extortion money.  Then she is not holder in due course and 138 may not apply. Consult your lawyer

Soma (ta)     06 December 2012

Do you mean to say that if we can prove that it was a extortion money then ...she may not get the divorce and 138 will not apply

Goutam Prasad (Advocate)     06 December 2012

None of your case as stated by you can be tried by HC at first stance. All should be filed in district court first. Hence, I am very confused of exact status of the case.

Divorce case is heared by Additional District Judge and all other remaining by the Metropolitan Magistrate.

Please consult a good lawyer of your choice for second opinion.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 December 2012

Classic example of how NOT to settle a matter. Be that as it may what is done is done. Now to set things right - since the divorce has not been finalised yet - don't participate in the proceedings anymore. go in for a 498a quash to the High Court. A perusal of your joint petition is pertinent. 138 in all probability won't stand because unless the conditions are satisfied the cheque is not in the discharge of legal obligation and hence can be countered/quashed on that count.

Consult a seasoned lawyer !

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia


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