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Karan (HR Manager)     12 June 2012

How to make compromise amount

An F I R has been lodged against my brother and mother under section 406/498 of IPC.

 

My mother applied for bail.  The girl on the  date of suit appeared before the  Honble Session  Judge

and requested  for 2 days time to let her  decide  to go to herf matrimonial house or to enter into compromise.

Today She  told the Hon"ble court  that she will not go to her matrimonial house and requested for

compromise.

 

The girl side told that   they spent  Rs.15.00 lac on solemnising marriage whereas  as per our

record  they have spent Rs.5.oo Lac.  We hope compromise will  be arrived at Rs.7 to 8 lac.

If it happens kindly advise how this amount should be paid.  My friend told me that a joint Divorce

should be applied in the court and agreed amount of Rs.7 to 8 lac should be paid  on the date

of divorce per Banker cheque/Draft.  If the girl requires a token money of Rs.1 .00  Lac be paid on the

date of reaching compromise.



Learning

 7 Replies


(Guest)

And She will eat up that 1L and fight more cases................

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 June 2012

They spent the money for marriage for the ske of bride and bridegroom. Why bride groom suffers by giving return back money. Since they spend with their consent of both the sides. So need to pay back the money by groom side.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 June 2012

Dear Querist, 

A couple of things :-

1. They are not entitled to what they spent on marriage, but just her Istridhan (i.e whatever was gifted to her by both the sides/dowry) 

2. Pay the full and final amount only on second motion in a mutual divorce petition to ensure that she does not backtrack after taking money.

3. Precede your Mutual Consent case by a meticulously worded MoU. 


 

Feel free to talk !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 June 2012

Dear Querist, 

A couple of things :-

1. They are not entitled to what they spent on marriage, but just her Istridhan (i.e whatever was gifted to her by both the sides/dowry) 

2. Pay the full and final amount only on second motion in a mutual divorce petition to ensure that she does not backtrack after taking money.

3. Precede your Mutual Consent case by a meticulously worded MoU. 

 

Feel free to talk !

Karan (HR Manager)     12 June 2012

THANKS FOR YOUR VALUABLE ADVICE.  ALL  EFFORTS WILL BE MADE TO GET METICULOUSLY  WORDED

M O U SIGNED FROM THE GIRL SIDE.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 June 2012

Don't enter into a compromise w/o an MoU.

 

The AB should be granted based on that MoU.

 

Payments should be made on 1st Motion, 2nd Motion and on Quashing.

 


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

Anjuru Chandra Sekhar (Advocate )     13 June 2012

Adv. Bharat Chugh had given good advise.  If the girl's side insists that half the amount should be paid during first motion of Mutual consent divorce then deposit in the name of court not in the name of girl and pray the court to accept the amount only in the name of court and release that amount after acceptance of divorce during second motion by the girl along with the amount you pay during second motion. This is because in many cases of MCD, the girl receives payment during first motion and backtracks from accepting during second motion.  She is legally authorized to do so because it is settled principle of law that anyone of the parties can withdraw from mutual consent divorce before second motion after first motion.  Without filing MCD do not give even a single paisa to anyone by out of court settlement or by any kind of settlement that is purportedly arranged by police and advocates.  Be specific about terms of MOU and include these terms as part of MOU that if the wife wants some amount during first motion, it will be deposited in the name of court and will be released only after the girl accepts for divorce and during the grant of decree of mutual consent divorce by court along with the second instalment that will also be paid during second motion in the name of court. 


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