Judgement_Day (Supervisor) 02 August 2011

Maintenance & divorce

My friend has filed mutual consent on 23 july 2011 at family court. Boy paid lumpsum rs. 5,00,000/- towards past & future final amount.

Year back girl had filed for Domestic violence against boy & his family at local district court and it is still pending. Maintaineance order was passed month back but boy had not paid anything to girl. But it is mentioned in the divorece mutual consent aggrement there was nothing balance in future & past and this is final amount. Boy has also paid Rs. 1,00,000/- lumpsum at the time of filing of mutual consent by demand draft.

Now girl is demanding maintaineance from boy & she told district magistrate that she dont want divorce she just want maintaineance.

Do the boy have to pay maintaineance inspite of filing petetion in family court? Can she withdraw the mutual consent petetion by saying now she dont want to give divorce?

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6 Replies

Adv. Chandrasekhar (Advocate) 02 August 2011

In the DV case, the boy has to file an application enclosing the MCD petition, whereby she agreed for MCD and received Rs.1.00 lakh. Let her come into the DV court in writing as a reply to your application that she is not interested in MCD and wants only maintenance. If she files such an application, then you file another application saying that 1.00 lakh shall be adjusted for the past and future maintenance in DV case. Till one lakh is adjusted, you need not to pay any thing. If the judge insists you to pay maintenance separately independent of earlier payment of 1.00 lakh, then you have to pay maintenance, but you also file recovery suit for 1.00 lakh along with interest.

Further, as MCD has fallen apart, you have to file contested divorce case.

Judgement_Day (Supervisor) 03 August 2011

Thanks for reply sir

What is contested Divorce?

If she walkout of mutual consent what to do?

shahfaisal (after word tell) 03 August 2011

                  FALES ALLEGATION

1(notice) from my wife side tasneem faisal shaikh

under instruction, information and authority
furnished by my client -tasneem w/o mohammad faisal shaikh

1) that you are the legally wedded husband of my client the marriage between you and my client is solemnised on
11th december,2009 at karnataka as per customs of mohammadan law

2) that at the time of talks you and your parents suppressed the material facts and told my client
and her parents that you are serving in ICICI bank and also owning a house.
after marriage it was revleled that you are
sverving as a driver in BSNL comp on temporary basis.apart from this you are also
suffering from thorat cancer and this fact came to the knowledge of my client on the night of
19/12/2009 when you suddenly started vomitting and you also passed blood from your vomitting,
hence my client was little bit suspicious and asked you to show the -prescripttion of the doctor and further
told you that she wants to accompany you to a doctor,but you and family members started avoiding my client
and also did not show the prescripttion.
3) that you were also in a habit of adandning my client and you used to reside with your brother in law
his residence at pune, i.e. your brother' in law's house
4) 1 brother 2 sisters harrasing my client mentally

9) that as you are suffering from cancer my client does not wish to continue the marital relationship with
you as the said deceased is contageous and my client is educated girl having completed B.A.and N.T.C. and also
serving as temporary teacher in islamiya high school.
and you and your family members have ruined the life of my client for which you are
also liable to be prosecuted and you shall also compensate my client in trems of cash to the tune of Rs 50,00,000/- rupees fifty lakhs only

NOTE: Please note that my client's parents had given 10 tolas of gold ornaments on my client which is illegally
          retained by you and your family members and you have also taken away the ornaments given to my client by you

Judgement_Day (Supervisor) 03 August 2011

hey shahfaisal post in your onwthread

shahfaisal (after word tell) 03 August 2011

jab hum dono ki 18/12/2009 ko engagement ho gayi to uske dad ne 1 lakh rupeya maga meri wife ke studies karne ke liye maga or gulf se humne bheja1 lakh rupeya uske bank account may dala 11/12/2010 ko shaadi ke 2months ke bad 3 lakhs maga ya bola ke studies wo apne mom dad ke ghar pe kar wayege or jab humne mana kiya to phir meri wife ne choti choti baat par ladna or jagda karna phir shaadi ke 5months ke bad humne uske mummy papa ke ghar legaye ke usse kuch samjaye unho ne kaha ke usse chod ke jao usse samjayege magar pehle wakil se notice diya phir family court se notice diya mujhe ab Maharashtra se Karnataka har mahine jana hota hai meri wife ne mujh par jhuta ilzam lagaya hai ke mujhe cancer ho gaya hai or mere gharwalo ne unse jhut bola hai ke main icici bank may job karta hu or meri didi or jijaji or bhai pa bhi jhuta ilzam lagaya hai ke wo sab log ne mil ke usse pareshan karte the

or usne 125cri pc file kiya hai
or district court se warrant bhi nikala magar hum sab ne anticipatory bail bhi kar waya
police station crime No.82/2011 419, 120-B, 504, 506, 420, 405, & 406 r/w, 149
or mujhse 50,00,000 lakhs compensation
jab ki meri cancer ki sari reports normal hai
or HBsAg 0.01 IU/mL (nonreactive)
HIV Ag/Ab 0.09 S/CO (nonreactive)

main muslim hu

Adv. Chandrasekhar (Advocate) 03 August 2011

@judgementday,

If she backs out from MCD, you can file contested divorce case, which means you can file divorce case from your side with all the available grounds, i.e., cruelty, desertion etc. Then, if you will succeed to prove the grounds, you will be given divorce decree by dissolution of marriage.