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rohit30_life (n/a)     19 January 2008

Divorce ...wife not signing 2nd motion papers.

Hi,on 1/11/2007, my wife went to police station and shouted alot and then the police officer forward this case to women cell, i was not harrased but by the help of women cell officer the amount was decided Rs. 200, 000, i prepaired the MOU (memorendum of understanding) and by 30/12/2007 i handed over the complete dowry articles including the custody of my female baby child, I clearly mentioned in the MOU that on the day of giving dowry articles and child custody , i will pay Rs. 100000 and by first motion i will pay Rs, 50,000, and rest 50,000 will be given by 2nd motion, SHE came to first motion and court recorded the statement and got Rs. 100, 000 and now on the second motion she is emotionally blackmailed me for my baby and taking a time to sign, she is not signing on 2nd motion divorce papers.

in my MOU i clearly mentioned that after this settlement both the parties can not be backed, PLS. LET ME KNOW WHAT STEPS I SHOULD TAKE TO SAVE MY SIDE, WHAT SHE CAN DO, THE FIRST MOTION IS ALLOWD by the ADJ delhi, AND THE STATEMENT IS RECODED IN COURT.
 
How much time the divorce can take.
 
what is the time duration between 1st and 2nd motion.
 
for what period is first motion of the divorce is valid.
 
LEAGLALLY WHAT SHE CAN DO AGAINST ME AND HOW I CAN SAVE MYSELF AND MY PARENTS.


Learning

 23 Replies

vipul parmar (n/a)     19 January 2008

What do you mean by motion? A court hearing. If that be so, there is no time limit between two hearings. The court can post the case to the next hearing taking into account the stage of the case.

There is nothing like ""period is first motion of the divorce is valid"" Where is the case pending? Do enlighten on this.

 

 

 

rohit30_life (n/a)     21 January 2008

hi,

thanks for your reply, the motion means petition (1st motion means first hearing on court) is complete.

Now i want to know that, what can do my wife against me if she does not sign on  second pettion papers or she does not come to court on hearing.

this case is running in delhi court. i have return all of the dowry articles, including the custody of my child, before the appearing first time in court. and all the statement is recorded in court she has also singned on the papers and accepted the cheque of Rs. 40,000 and next amount i have to pay on the second petition when she will sign.

Pls. guide, what she can do against me if she does not sign on the 2nd pettion papers.

 

Rohit

 

Shambasiv (n/a)     21 January 2008

Why are you apprehending that she would not turn up to the court? Since she has to receive the balance amount from you she will certainly appear in court. Any how in case she would not appear, the case would be dismissed.

rohit30_life (n/a)     21 January 2008

if the mutual consent divorce dismissed after 18 months, then can i be into the trouble. does the MOU between both of us does not keep any value and what about the recorded statement in delhi court...does not keep this recorded statement any value...

what steps i should take to save myself, if the mutual consent divorce dismissed.

Rohit

Shambasiv (n/a)     21 January 2008

In case she does not appear, the court will not grant divorce by mutual consent. You need to file a fresh petition seeking divorce.

rohit30_life (n/a)     21 January 2008

it means she can also lodge a complaint in a police station and can file a 498a against me.

My lawyer said to me i am 80% secure after the first pettion of divorce, but if the mutual consent dismissed then again i am into trouble area.

Pls. reply

 

Rohit

 

Shambasiv (n/a)     21 January 2008

It would not be a problem if she files a complaint under section 498 a. Moreover, she cannot file cases one after another. Even then, the pleadings in the consent divorce petition can be made use of. You can file a petition before the High Court under section 482 of CrPC to quash the complaint.

Regarding the other part, in case she does not turn up for hearing in the mutual consent petition, the divorce cannot be granted. You have no other go except to file a fresh petition.

rohit30_life (n/a)     28 January 2008

[font=""Times New Roman""][font=verdana]How do i avoid paying heavy Maintenance? I am the sole bread earner at home with my dependent parents[/font]?[/font]

[font=verdana]When the petition was filed on 12th Sept 06 by my wife I was drawing a salary of Rs 26k after deduction from Rs 30k. At present am drawing a salary of Rs 50k after deduction from Rs 62k. It is also to be noted that my wife is a housewife & my parents are dependent. I hv also deposited about Rs 5 lacs in the High Court in lieu of Dowry articles as a surity. Bail is pending. Should I file a divorce case basis her reply to my Notice on rejoining the matrimonil home where she used highly defammatory words. Yours suggestions will be highly useful.[/font]]



[font=verdana]Pls. reply..[/font]


rohit30_life (n/a)     28 January 2008

Hi,
 
AFTER THE FIRST MOTION I HAVE GOT THE NOTICE FROM MY WIFE, SHE HAS DONE EVERYTHING BY FORCEly, AND LARGE OF FALSE ILLIGATIONS ARE IN THE NOTICE...
 

 
SHE ASKED 90,000 ONLY IN WOMEN CELL IN HER ISTRY DHAN INLCUDING CASH, I GAVE HER 50000 AT THE TIME OF HANDLING THE DOWRY ARTICLES, JEWELLERY ETC. INCLUDING THE CUSTODY OF MY BABY.
 
ON THE FIRST MOTION I ALSO GAVE THE CHEQUE OF RS. 20000 AT THE PRESENSE
OF ADJ  COURT AND THE STATEMENT WAS RECORDED, SHE ALSO SIGNED, HER FATHER SIGNED ALSO, AND THE THUMB IMPRESSIONS WERE TAKEN ALSO ON THE PAPERS. THE REST 20000 WILL BE GIVEN ON  2ND MOTION..
 

CAN SHE FILE  DOMESTIC VIOLENT AGAINST ME .
 
CAN SHE FILE AGAIN DOWRY 498A AGAINST ME
 
CAN SHE FILE MAINTENACE AND FOR PERMAMNENT ELEMONEY AGAIN.
 
AGAINST ME.

 
PLS. REPLY, ME AND MY FAMILY ARE IN DEPRESSION AS EVERYTHING WAS SETTLED THEN SHE IS ALSO CREATING THE PROBLEM AGAIN.
 
PLS. REPLY

Prakash Yedhula (Lawyer)     28 January 2008

Since your divorce by mutual consent is pending, you need not file a fresh petition for divorce at the present.

There is absolutely no legal bar for lodging any compliant by your wife. But in such a case you can very well file a petition under section 482 of Cr.P.C before the High Court to quash the same by citing the mutual consent petition.

You can also seek to post your bail petition for conciliation in case your High Court has a mediation centre and try to resolve all the issued there itself.

rohit30_life (n/a)     28 January 2008

Hi,

You mean to say that she is not able to file any other comlaint aginst me, but if she goes i should take bail orders.

and i should go to high court..for immidiate divorce order.


if she goes for maintenance then what? i am not a private job employee nor a govt. emplyee, do the court accepts the CA authrised certificate where i have mentioned i am working under my father and earning only 3500 monthly.

how much maintenance can she take from me.


Rohit

 

Prakash Yedhula (Lawyer)     28 January 2008

It is not as you understood. What I said was that no one can prevent your wife from lodging complaints for 498 A or ud=nder the Domestic Violence Act, etc., But in such a case you approach the High Court to quash the same.


The High Court cannot grant you divorce. I felt that you can have the matter refered to a mediation centre to have it resolved.

Maintenance is fixed by the court after taking into the status of the parties. Since in your case your wife is also earning, you can very well argue that she has means to maintain herself and seek for dismissal of the case on such grounds.

rohit30_life (n/a)     28 January 2008

she is a ICICI Prudential life Insurance Agent..

can this work of her help me, or i will have to bear her expense also

i am not a private job employee nor a govt. emplyee, do the court accepts the CA authrised certificate where i have mentioned i am working under my father and earning only 3500 monthly.

how much the minimum or max. maintenance can she take from me.


Rohit

rohit30_life (n/a)     28 January 2008

MY WIFE ASKED 100,000 ONLY IN WOMEN CELL IN HER ISTRY DHAN INLCUDING CASH, I GAVE HER 60000 AT THE TIME OF HANDLING THE DOWRY ARTICLES, JEWELLERY ETC. INCLUDING THE CUSTODY OF MY CHILD.
 
ON THE FIRST MOTION I ALSO GAVE THE CHEQUE OF RS. 20000 AT THE PRESENSE
OF ADJ  COURT AND THE STATEMENT WAS RECORDED, SHE ALSO SIGNED, HER FATHER SIGNED ALSO, AND THE THUMB IMPRESSIONS WERE TAKEN ALSO ON THE PAPERS, AND THE FIRST MOTION WAS ALLOWED BY JUDGE.
 
 THE REST 20000 WILL BE GIVEN ON  2ND MOTION..
 
 
NOW
 
AFTER THE FIRST MOTION OF DIVORCE I HAVE GOT THE NOTICE FROM MY WIFE, THAT SHE HAS DONE EVERYTHING BY FORCE LIKE SIGNS ON THE MOU, MUTUAL CONSENT DIVORCE PAPERS FOR FIRST MOTION, AND LARGE OF FALSE ILLIGATIONS ARE IN THE NOTICE...
 
CAN SHE FILE AGAIN DOMESTIC VIOLENT.
 
CAN SHE FILE AGAIN DOWRY 498A
 
CAN SHE FILE MAINTENACE AND FOR PERMAMNENT ELEMONEY AGAIN.
 
AGAINST ME.
 
PLS. REPLY, . ME AND MY FAMILY ARE IN DEPRESSION AS EVERYTHING WAS SETTLED THEN SHE IS ALSO CREATING THE PROBLEM.
 
PLS. REPLY

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