Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pankaj kapoor   28 February 2016

false divorce case

Dear sir, My wife had been living with her parents for last 4.5 years.now 2 month back we had a meeting with her and my parents/elders participation. We have decided to take mutual consent divorce in that meeting with one time full and final alimony for my wife.now we are asking them for starting first motion and they are saying that my wife had filled dowry case before meeting.but we did not receive any notice or call from police station till date.I have few queries... 1) can dowry case be withdrawn by my wife? 2) should we start first motion and give them first cheque of settlement amount? 3) what is the solution of this issue? Kindly suggest...


Learning

 8 Replies


(Guest)

If they have filed dowry case, let them first withdraw it.  Then you both can hire services of a lawyer and file MCD.  If you plan to give cash, you pay it on second motion after she signs the paper.  If you plan to give half on first motion then give in DD.  If you plan to give full amount on first motion, give it in cheque which is post dated, one day later she signs the paper.  If you pay upfront whole amount, and she wont turn up for second motion, your money is gone, u cant claim it back.

MANISH KUMAR GUPTA   28 February 2016

Where is the case filed by your wife?

The best way to settle one time alimony through the court.

Never give any single penny to her without Court permission.

You should take very cautious steps in this regard, because outside Court settlement always give ample oppurtunity to file case again and again.....so it will never resolve.

Any further suggestions or queries please mail me at 498alawyers@gmail.com  and visit my Web Site: www.498alawyers.com 

Vijay Raj Mahajan (Advocate)     29 February 2016

 

The Police complaint made by your wife if has not been registered as FIR can be withdrawn by her at the level of Police itself but if that has been registered as FIR than you both need to move the High Court of your state to get the FIR and all proceedings relating to the FIR quashed by the High Court. Check the details of the Police complaint made against you before moving ahead in the matter.

As far divorce by mutual consent is concerned before that is filed by both of you jointly in the Family Court, a MOU/Agreement should be drafted, signed by both parties where each and every term with regard to alimony, child custody if any, property settlement for joint property of the parties, if any and withdrawal of all complaints, cases civil or criminal filled by either parties in any court of authority before moving ahead with the MCD etc. must be clearly mentioned. there should not be any ambiguity for either party to object at later stage after the finalization of the divorce.

The final payment of alimony should be made at the end at the time of second motion in the matter and that too by bank draft in the Family Court itself not outside for keeping proper record of the payment.

pankaj kapoor   29 February 2016

She is from u.p(muzzaffarnagar) and filled case there...

MANISH KUMAR GUPTA   01 March 2016

Hello Pankaj,

What is the status of your case?

pankaj kapoor   01 March 2016

Sir, I did not yet receive any notice/summon or phone call from police station.however wife relative are saying that case has been filled 2 months back.... What should we do?

pankaj kapoor   02 March 2016

Sir, awaiting reply

Mukesh sharma (job )     03 March 2016

hi pankaj plz wait if they file dowery case in police first  coz they need first withdraw their application in police station after you take step another and if they ready to give you divourse mutul consent than take first step by them an d all payment you give by cheque and keep on record


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register