Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RD (Accountant)     24 September 2011

Ex party annulment

Please help.

 

I got married in Dec 2009 and filed a case for annulment due non consumation. The girl and her family was aware of the case and all the summons were sent to the girl's address. I have hired a lawyer on behalf of the girl per her wishes to expedite closing the case. In May 2011 the court passed exparty annulment order/decree (due to non consumation) and due to absence of the girl and her lawyer. The same day in the evening the order was passed, the girl has signed an agreement with me in the notary paper clearly mentioning that she has received X rupees towards full and final settlement.

Now the girl has reopened the case mentioning that i have committed fraud and that she was suppose to receive Y rupees more than the X rupees already received by her. She also mentioned that she was not aware of the case and she never received the summons and mentioned that the remaining amount was to be received in cash as that was my preference due to some tax issues.

Now she is ready to settle the case for a certain some of money. Should i pay more money or fight the case in the court. If paying more money is a preferred option, what is the method of paying more money so that this becomes full and final payment. Or is there any other option? my priority is to settle this asap. Saving money is not the priority. thanks and many thanks for helping!


 



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 September 2011

dear RD

settle the matter in Midiation center and pay all the money if you want to give her in front of midiation judge/incharge

RD (Accountant)     24 September 2011

Thanks - Girl's lawyer has mentioned that infront of the megistrate the girl will accept annulment and from the court the girl's lawyer will withdraw the case they have filed. And I will pay the money.

As it is an ex party decree. Can the girl still black mail me for more money? Even after accepting in the court that she agrees to annulment and have withdrawn the case.

Please reply and help!

Anjuru Chandra Sekhar (Advocate )     24 September 2011

Keep that written agreement with you.  Receiving money cannot be a criterion for getting rid of a marital relationship. It is as good as bribery.  Only court can grant alimony, you cannot enter into agreement on your own.  This is not even in the form of alimony, because the reason for getting order is nonconsummation of marriage. When she re-opens the case in which you got exparte order, you present this written agreement in court and convey to court that she has been demanding more money from me as I have not paid, she reopened the case.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 September 2011

Again a victim of misguided opinion has resulted in this state.

 

Money should be given in court only and that too after first motion.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

shawn bruce (sales exe)     01 April 2012

wat is the meaning of CA to be filed ? wat is this CA means after ex party order ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

CA = Chief Affidavit.

 

I don't  know the facts of your case, as to why it has to be filed, when divorce has happened.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading