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498a Victim (NotEmployed)     19 October 2011

Games being played even after filing mutual divorce

Dear Madam/Sir,

Greetings.

I and my wife filed for mutual divorce with 7 lac as settlement money - out of which one lac check was give after filing case and the rest to be given at last stage of process. It was on 6th of September at Bangalore family court.

1) We had already given 1 lac check in my wives name. BUt they have till now not with drawn the amount and now they are asking us to give money in cash. Are they upto some new games?

2) we called up Lawyer ( we had same lawyer as it was mutual consent divorce). He now says, court will give date only after 6 months and in single hearing the case will be over. Is it true?

3) if they do not take the one lac nor co-operate for further divorce process, what I can do to ensure legal closure to this marriage?

Please help,

thanks in advance,

Regards,

Raghu

 



Learning

 10 Replies

Manav Kalia (Arguing my own cases..)     19 October 2011

Do not give any cash. Courts give the second motion date six months after first motion date. If same lawyer for both parties then ensure that mutual lawyer is not in their side. Be prepared that your wife might withdraw the mutual petition from her side and state that you have not pays her agreed money. Hire a lawyer exclusively from your side to ensure that you are prepared for everything.

498a Victim (NotEmployed)     19 October 2011

Thank you Mirage,

Seems, I have already done a mistake based on ill informed suggestions - the lawyer is from hometown of my wife. Buteverybody said, since it is mutual consent, there is no harm to go with that lawyer.

Regards,

Aishwarya (Teacher)     19 October 2011

dont trust the lawyer at opposite party's side..go by your own knowldege and advice from other lawyers an experts..

1 Like

Manav Kalia (Arguing my own cases..)     19 October 2011

You are most welcome. In have a similar case where I went for mutual divorce, at the lady minute spouse withdrew, and filed DV on me. In my case mutual lawyer was on her side. Just hire your own lawyer and ask him how to proceed.

Manav Kalia (Arguing my own cases..)     19 October 2011

Also as aishwarya said always take a second opinion in legal matters thru this or other forum. I found this out the hard way. So don't make that mistake.
1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear friend

i am agree with Mr. Mirage, you can pay the cash amount before the hon'ble court or midiation if applicable.

ecept this no need to give mony in cash.

hire a lawyer from your side too. it is very useful for your case and future tention

1 Like

rajiv_lodha (zz)     19 October 2011

Hello! If she or her lawyer insists for cash payment outside court, or either of them are found hesitent to follow agreed terms/conditions of MCD, this is enough reason to believe that u are making ass of urself. Its surely a red-sign.

Remeber she can simply revert from MCD till 2nd motion. Recovery of cash paid to her is next to impossible.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Also in MCD there are two motions. 

 

If they don't come for second motion, you can file a case based on mental cruelty or other grounds available to you.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

kanwarjeetsingh (Adv)     25 October 2011

You should comply any settlement transaction before the court only, as it will come on record. If you have given the cheque before the court, it is not your fault whether other party encashed it or not.  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 October 2011

No payments should be made outside courts, which is not recorded, consider that part of the payment gone forever.

 

Regards,

 
Shonee Kapoor
harassed.by.498a@gmail.com

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