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Kumar   12 September 2016

Payment of alimony

Hi Experts

Can you please provide your advice on my situation.

Me and my wife have been separated for 3 years now. In these 3 years, she filed 498a, DVC etc. 498a is at chargesheet stage. Now they came forward for a settlement. We agreed on the settlement amount. But they want the settlement amount to be depsosited in the joint acount of the lawyers on both side or elders on both sides.

I'm not comfortable with putting the amoun in the join account as I know the opposition party very well. They change their mind every hour. Once money is deposited, it is gone. Even the CI is forcing us to put money in join account.

I only want to give them the cheque after the final hearing and after 498a is quashed. Can you please let me know if my approach is right and any further advice on how to handle the payment of alimony.

Cheers

Kumar

 



Learning

 7 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 September 2016

I would strongly advise against the money being deposited in any joint account. In casde the settlement dpoesnt fall through due to some r the other reason, then reciovering the amount back might be a task for you.

Conventionally , there is no such practise. In case they want to be assured that you do noty back out of the settlement, there could be a penalty clause in the MOU. But dont deposit the money anywhere else.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

innocenthusband   12 September 2016

Originally posted by : Kumar
Hi Experts

Can you please provide your advice on my situation.

Me and my wife have been separated for 3 years now. In these 3 years, she filed 498a, DVC etc. 498a is at chargesheet stage. Now they came forward for a settlement. We agreed on the settlement amount. But they want the settlement amount to be depsosited in the joint acount of the lawyers on both side or elders on both sides.

I'm not comfortable with putting the amoun in the join account as I know the opposition party very well. They change their mind every hour. Once money is deposited, it is gone. Even the CI is forcing us to put money in join account.

I only want to give them the cheque after the final hearing and after 498a is quashed. Can you please let me know if my approach is right and any further advice on how to handle the payment of alimony.

Cheers

Kumar

 

 

 

You are the person who is paying. Nobody has the right to force you to do anything. If they cannot accept your terms of payment, then ask them to go ahead and prove their false cases against you. Do not budge at all. If you delay payment by one year, you will get a "discount" to settle, at your terms. If you back out from paying anything at all, they will have a hard time trying to prove their cases against you. 

 

I would suggest not to pay anything. If you feel you have commited some part of the crime for which you face the case, then go ahead. If you have not committed anything, do not pay at all. Simply act like you're a free man, go ahead with your relationships without a problem in the world. Pay the alimony, skipping a few months at a time to frustrate them. Believe me, they will come begging to you in 5 years to settle at a 5 digit figure. Not the current 6 or 7 digit figure. 

Sachin (N.A)     12 September 2016

Better to give money by the mode of draft or cash. directly to the opposite party in the court room on the second motion of divorce means after she take back all cases and when you both present in the court last time.

Mukesh sharma (job )     12 September 2016

Hi kumar  here you not need to deposit money in any party joint account and if they want to settelment then you need to take this in court and you may submit your money in court by cheque or demand draft both or good option and if you do same out side of court than you have some wittness who did not change on time and pay money by cheque or draft its all on record that help you in future 

thnks 

Kumar   21 September 2016

Hi All

Thanks for your advice. I communicated the same thing to CI that I will not deposit the amount in joint account and only pay the amount on the final settlement.

They went calm for a week and now my father got 3 calls from 3 different police stations saying that there is a complaint on him. When my father asked what is the complaint, they are saying that come to police station and not revealing any details of the complaint over the phone. What should be our action?

Cheers

Kumar

 

 

sai narayana   22 September 2016

If those are genuine complaints, they will become F.I.R. but can be from one police station only.

innocenthusband   24 September 2016

Originally posted by : Kumar
Hi All

Thanks for your advice. I communicated the same thing to CI that I will not deposit the amount in joint account and only pay the amount on the final settlement.

They went calm for a week and now my father got 3 calls from 3 different police stations saying that there is a complaint on him. When my father asked what is the complaint, they are saying that come to police station and not revealing any details of the complaint over the phone. What should be our action?

Cheers

Kumar

 

 

 

 

Next time these so-called police officers call you, ask them to deliver a pizza to your house. Otherwise simply act like you can't hear what they're saying. Ask them to repeat what they said, until they get tired and hang up the line.

You need to understand that your problems are not going to stop even after getting the payment readied. Consider this behavior of threatening via phone as the trailer to even bigger issues. I hope you are capable of putting two and two together to realise that your in laws are absolute thugs/thieves. Paying them money will not cut you loose.


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