Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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eswar (software)     24 February 2011

MC Divorce, Permanant alimony

My wife had filed a 498A and dowry cases against me; Now there side has agreed to settle the matter and we want to go for MC divorce. Chargesheet is not filed for 498A.

The girl's side is demanding to deposit the entire permanant alimony amount in the court on the first day of filing the MC petition in the court., in her name. Please let me know after we enter a Mou (Memorodum of understanding)

a) what is the right time to deposit the amount in the court ?

b) I heared there is a way I can deposit the amount in the name pricipal judge family court and the deposited amount will be given to her only in the last stage after the 2nd motion ?.

If I go by this approach will it create any problems that can she withdraw from MC and claim that the amount deposited by me is her dowry money  or ask for maintenance claiming I have already deposited the amount in the court etc ?

c) Please suggest me - if there is any alternative procedure where I do not endup in problems ?

 

 

 

 



Learning

 6 Replies

Manjit Singh (NA)     24 February 2011

a) no money at first motion, first instalment at 498a quash, second instalment at second motion recording of statement.  if she does not quash, forget second motion.


b) but what if you decide to not continue with the divorce? will the judge give you back your money?  be VERY careful about the MoU terms and conditions.  (a) is the best for you.

c)  Make sure the MoU is presented in a court of law, take wife's statement on oath that she undertakes to abide by the MoU.  Make sure the MoU contains a condition that no further litigation / civil cases / criminal cases is to be initiated / pursued by either party or their family members against the other party and their family members related to the matrimonial relationship of the two parties.


There are many cases where fools paid 100% or 50% of money at first motion and then the girl lost interest and they were begging her for second motion or to return the money.

1 Like

Avnish Kaur (Consultant)     25 February 2011

absolutely right singh sir

eswar (software)     25 February 2011

Thanks sir for the suggestion 

The girl's side does not want to withdraw the criminal cases till they receive the complete amount. 

If I give the entire amount only during the during motion - with the MoU having the condition that she will co-operate in withdrawing all the cases and my wife's statement is taken on oath that she undertakes to abide by the MoU.

Will I face any problems when trying for 482 to quash the case after divorce - In case if she does not co-operate or raise objections.

 

 

 

 

Manjit Singh (NA)     25 February 2011

Then ask them to keep waiting.


Listen, if they want to use the criminal justice system as a blackmail tool, then you should be brave and withstand it.  If you done nothing wrong, and if you are already on bail, then the worst is over.  Do not be foolish in giving them the money without them doing anything.

Suppose you give them the money at first motion.  Suppose she undertakes on oath that she will withdraw.  Suppose after first motion she doesn't cooperate.

Then, you may be able to fight in High Court and get it quashed without her statement.  But it is definitely not easy.

This is the time to take a stand.  I am not saying you should definitely fight it out and not give a single penny.  That is your choice and you will be an inspiration to a lot of people if you do so.  But if you do want to pay alimony and settle, then at least they should let you have a say in the terms and conditions.  You can involve a trusted/elder on both sides so that both sides don't back out.  Contract enforcement in Indian courts is notoriously difficult, especially if it is the wife who is going back on her word.

1 Like

eswar (software)     25 February 2011

Thanks sir; Now I see two to three  options

a) I will stick to paying the amount only during the second metion as you suggested, that will take care of the family case; I will pay part of the amount during 2nd motion and rest during quash.

b) If I do not go with the above option - what is the suitable % of amount to pay for quash and then the remaining amount during the 2nd motion ?

c) Pay the entire amount only during the 2nd motion; keep in the custody of the court either the DD or cheque

on the condtion that it will be released only after cases are withdrawn.

Please advice on each options.

 

 

 

Manjit Singh (NA)     25 February 2011

50% on quash, 50% on second motion.

quash should happen before second motion.


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