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Ritwik (IT)     15 May 2015

Seeking suggestions regarding problems arising in mcd

Dear Learned lawyers,

This on behalf of one my closest friends from Kolkata.
He has been going through a divorce procedure consented mutually. Now, two problems which are bothering him are as follows:

a)MOU he and his ex agreed upon says that articles received during the marriage ceremony by both parties shall be returned to the respective parties. But the MOU does not say anything about the articles in specific. Now, after six months his in-laws are coming out with a list which includes a couple of valuable articles (amounts to one lakh) which had not come to my friend's possession at all. Since he does not have any receipt or any other document to prove that, it stifles him from acting upon.It is a sheer display of malevolence from the girl's side which they are perpetrating throughout the divorce procedure by remaining non-cooperative. They want to fetch more money from him by one means or the other.

b)His five year old son is staying with her mother in Asansol, 200 KM from Kolkata. My friend got visitation rights to meet his son thrice a month.But his in-laws and ex are showing strong unwillingness to comply that. Often they cancel the meeting against reasons trivial and irrational as well. Moreover, the notion they are creating of my freind and his family in the child's mind is not good; so much so that often he finds his son in a mode of refusal which is painful. Besides, despite urging several times they are not keeping my friend in the loop regarding his son's health issues and his educational status and progress.


Kindly suggest what kind of legal actions my friend may take against those.



Learning

 4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     15 May 2015

1)Since mutual divorce pending, despite articles exchange in dobts, must end with happy note to rest the issue fully n relieve your friend 2) R he is from mumbai contact me. 3) Child meetings is mostly not happily given by opposit party. If deny repeatedly, bring notice of the Court for defying order Hope u appreciate

saravanan s (legal advisor)     15 May 2015

can you tell who is at fault whether your friend or his spouse.even mcd is not safe option to get a divorce now.the mou needs to be drafted very carefully otherwise problems like these do arise.if they have specified some articles that they have not given you demand the original bills to be produced in the court.if you suspect it to be forged you can file an rti to ascertain whether vat has been paid for the particular bill no.all these tactics can be used to pressurise them for accepting the truth.consult your lawyer whether this is allowed in mcd.

if they are not abiding by the visitation rights given y the court then it amounts to contempt of court

Ritwik (IT)     15 May 2015

Thanks for suggestions. 

Ritwik (IT)     28 May 2015

I will be grateful if you answer one more query regarding the same. At the MCD filed, it is not specified whether the amount my friend suppose to pay as alimony is for 'upbringing of the minor child'. So does that leave a scope for inviting 125 against my friend in future? He is now going to assert the other party to make some amendments in the existing MOU to rid of this ambiguity. But if they deny to do so, what are the legal options open to him?

thanks

 


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