Divorce-498a-lokadatat


Hi All,

498a: My wife filed 498a DP 3 & 4 on me and later released on bail. We compromised and I have deposited Rs.7, 50,000.00 in Joint account through check. Joint account holders are my uncle and My wife’s uncle. Purpose is after withdrawing all cases,we have to give to wife and same we have written on Rs.20 bond paper but we signed backside of bond paper. 498a case moved to lokadalat and completed 90 days but our lawyer didn’t mentioned in compromise petition “mode of payment and amount, didn’t file any memo or pre litigation petition and Rs.20 bond paper in lokadalat court.just filed compromise petition transferred JFCM Court to lokadalat. Now we have hearing in lokadalat on 30.07.2014, if we go and attend on 30.07.2014 case will be disposed by mentioning amount.

 

1)    My lawyer didn’t file MOU and didn’t mention terms and conditions and joint account details. just filed compromise petition, transferred JFCM Court to lokadalat. if we go and attend on 30.07.2014 case will be disposed by mentioning amount Rs.7.5lakhs.Is this correct procedure ? Please advise.

2)    Is it possible to me to inform through (memo and terms and conditions) to lokadalat court that we are paying 7.5 lakhs after withdrawing all her cases and Divorce? My lawyer no where mentioned about joint account details and terms and conditions. Please advise.

3)    We have written on Rs.20 bond paper but we signed backside of bond paper now it became a invalid due to written of backside and my wife didn’t signed and her father signed on that.Is this valid in the court ? if so please advise can I submit Rs.20 bond paper same in lokadalat court and family court?

 

Divorce : In between my wife filed Divorce case under sec 13 (1) ia,ib. (Cruelty) and my lawyer forced me to allow exparte divorce to her but I didn’t agree, as per advise received from this forum, I told to our lawyer file counter petition, mentioning terms and conditions and mode of payment in petition and inform to judge grant divorce to petitioner same day. Divroce hearing we have on 30.07.2014. last hearing we had on 07.07.2014 and I have given vakalat to my lawyer on same day.

 

1)    Please advise how many days it will take to file counter petition? or will be filing only on 30.07.2014 hearing day?

2)    My lawyer didn’t mention joint account details in 498a compromise petition and Divorce. Please advise which is the best way to inform about joint account details and 7.5 lakhs amount in the court?

 

Thanks in advance and quick responses..

 

 

 
Reply   
 
instructor

you must mention your terms and condition (MOU) and 7.5 lacs rupees (mention cheque no. and address of issuing branch )in lieu of your compromise with your wife to withdraw all civil and criminal cases against you and also for your mutual consent divorce , in your 498A , dP 3&4 , and in divorce case exhibit your mou in above all cases and get rid from her .
 
Reply   
 



Hi Sir, Thanks for quick advise.. Please advise me on below query..

1)My lawyer didn’t mention joint account details in 498a compromise petition and Divorce. Please advise which is the best way to inform about joint account details and 7.5 lakhs amount in the court?

2)Please advise how many days it will take to file counter petition? or will be filing only on 30.07.2014 hearing day?

3)My lawyer didn’t file MOU and didn’t mention terms and conditions and joint account details. just filed compromise petition, transferred JFCM Court to lokadalat. if we go and attend on 30.07.2014 case will be disposed by mentioning amount Rs.7.5lakhs.Is this correct procedure ? Please advise.

4)Is it possible to me to inform through (memo and terms and conditions) to lokadalat court that we are paying 7.5 lakhs after withdrawing all her cases and Divorce? My lawyer no where mentioned about joint account details and terms and conditions. Please advise.

5)We have written on Rs.20 bond paper but we signed backside of bond paper now it became a invalid due to written of backside and my wife didn’t signed and her father signed on that.Is this valid in the court ? if so please advise can I submit Rs.20 bond paper same in lokadalat court and family court?

Thanks in advance.

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

My opinion is file a petition in lokadalat and bring the case back to JFCM. Make Speedy Trial and get dispose of. Please don't go to "Shortcut way" for this. You can file in-person also or change the lawyer. Your lawyer is misleading you.

 

 

You have been advised properly in the links as follows: -

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=102947&offset=3#.U80Ir0Cm9dg

 

http://www.lawyersclubindia.com/forum/Ex-parte-divorce-would-have-impact-on-498a-urgent-urgent-pls-105197.asp#.U80JBECm9dg

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Please also look a similar case pattern of Mr. Balaji.

 

http://www.lawyersclubindia.com/forum/Lawyer-is-telling-allow-exparte-divorce-to-wife-104622.asp#.U80LMUCm9dg

 

http://www.lawyersclubindia.com/forum/Is-it-possible-to-appeal-lokadalat-judgment-105524.asp#.U80K00Cm9dg

 
Reply   
 

Hi,Is it possible to me to inform through (memo and terms and conditions) to lokadalat court that we are paying 7.5 lakhs after withdrawing all her cases and Divorce? My lawyer no where mentioned about joint account details and terms and conditions. Please advise.

 
Reply   
 

Hi All, Please advise on above query..Thanks for quick response......

 
Reply   
 
Legal Evangelist - TRIPAKSHA

Yes, you can mention all terms and conditions in Lokadalat.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
Reply   
 

Hi Sir, We have written on Rs.20 bond paper but we signed backside of bond paper now it became a invalid due to written of backside and my wife didn’t signed and her father signed on that and we didnt mentioned terms in that bond paper just after withdrawing all her cases only .

Please correct sentence :“That the elders have unanimously resolved the terms and for which the petitioner and respondent have consented and the same is to be ratified by Hon’ble court.”

If I write like above my wife will tell didn’t accept the terms and conditions. But please provide me the sentence formation for mentioning terms and conditions in Divorce petition and Lokadalat petition.

 

Thanks to all for quick response and time..

 
Reply   
 

Hi Sir, Please advise on above query ...Thanks for ur time...

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC MASTERCLASS!     |    x