Krish (Consultant) 11 November 2010

Filed Divorce - Need Clarification

Hello,

I am Krishna. two months back me and my wife have filed for divorce in a family court. We reached an MOU to pay her a permanant alimony of Rs.1500000/- within 6 months or at the time of obtaining the divorce decree in the court.

My wife's lawyer filed the divorce on behalf of my wife and myself.

Now my wife side is wanting me to pay for the marriage expenses also. That lawyer is telling that he didn't submit the case in court. He is asking us to approach my wife side to cut a deal on marriage expenses.

[B][u]What happened on the day we filed the case?[/B][/u]

Superintendent called both of us into her room and entered our names and details. Later Administrative Officer called us into his room and asked our details and he stressed our consent that we don't want to continue the relationship anymore. We gave our consent. He said OK and sent us.

I thought the case was filed on that day. Now the lawyer claims that he didn't submit my case.

Is he lying?

What are my legal options?

I have the MOU copy notarized, can i do something with that?

Please suggest.

Thanks for ur help.
Krish

Reply Follow

5 Replies

(Guest)

The MOU may be returned due to some technical defects. It may not be represented after complying defects.

If you are not satisfied with the counsel you can file a separate petition for divorce on the grounds of cruelty( with another counsel you prefer) based on the other family facts and file a copy of the MOU as document and contest the matter.

After that the case will be sent to mediation and concialtion centre and other details of permanent alimony and the terms of settlement can be settled and come for a amicable settlement before judicial authorities. But this may take some time upto six to 12 months.

decide accordingly

1 Like

Siv (engineer) 17 November 2010

Hi Krish,

This is the game developed by the wife side lawyer.... now you say that you do not want to compromise and want to run the case.

See the link at: https://www.legalserviceindia.com/forum/display_topic_threads.asp?ForumID=35&TopicID=10608&PagePosition=1

and also see the other links... seek help on the behaviour of some lawyers and the false 498A wives.... then play the game with them.....

posr your number there so that people from SIFF (Save India family foundation will approach you and help in all regards)

Siv (engineer) 17 November 2010

also see the link:

https://www.legalserviceindia.com/forum/display_topic_threads.asp?ForumID=35&TopicID=10602&PagePosition=1

Krish (Consultant) 18 November 2010

Originally posted by :S.GANESAN.
"	The MOU may be returned due to some technical defects. It may not be represented after complying defects. If you are not satisfied with the counsel you can file a separate petition for divorce on the grounds of cruelty( with another counsel you prefer) based on the other family facts and file a copy of the MOU as document and contest the matter. After that the case will be sent to mediation and concialtion centre and other details of permanent alimony and the terms of settlement can be settled and come for a amicable settlement before judicial authorities. But this may take some time upto six to 12 months. decide accordingly	"

Thanks for ur reply.

the MOU says, i have to pay the amount within 6 months or at the time of taking divorce decree in the court.

Does it mean that i have to pay the amount to the wife party in 6 months no matter what, according to MOU. or do i have a choice? if the MOU is not filed in the court does it have any sanctity. Do i still have to abide by the MOU, no matter what

can you please elucidate............

(Guest)

The MOU is just an memorandum of understanding. Only the understanding of the conditions complied the rest will follow. If not it will not come into effect.

So If your wife agrees to give divorce as per the written conditions as on the hearing date of the H.M.O.P you can pay the money when she gives consent divorce or give evidence or memo to that effect.

If not file a separate petition on any other general grounds of cruelty and desertion individually.

1 Like