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kumar (private employee)     28 May 2009

settlement

hi

iam kumar

guys i have doubt please clarify me

by next month first week i have to go court for divorce petition which was filed by my wife..

we both come settlement..with mediator POLICE CI..Both Parties parents and Lawyer Mediation..

We alredy paid 50%...can you please tell me how much of role does POLICE CI have?

MOA original papers are with Girlside..we have only xerox copy..

but we have original copy wht she signed document that she received Cheque as first installment settlement amoutn...

once we move to court for mutual consent..then can we avoid POLICE CI..

 



Learning

 4 Replies

SANJAY DIXIT (Advocate)     28 May 2009

Dear Kumar,

When the both parties arrived at a settlement and the suit for divorce already pending in the court, there is no role of police. You have not provided the clear and all facts but it seems from your querry that there was a complaint made by your wife and by mediation (or by pressure) of  police both parties became ready for divorce on mutual consent for a settled amount and you have paid 50% of the said amount to the wife.

Now you should move your settlement deed before the court and pay remaining 50% before the court.

Srinivas Patnaik (Advocate Orissa High Court)     28 May 2009

Police has no role in Civil matters, since a Petition for divorce is pending , the same can be converted to Petition / Divorce by mutual consent and the money paid can be averred in the Petition . Once the same has been filed in the Court your apprehensions regarding payments make will vanish.

kumar (private employee)     29 May 2009

Hi guys

thanks for you help

the problem is every time CI calls us and he talk behalf of girl side..

can you please help me how to avoid CI..

One more thing is MOA orignial copy having with CI only...

I have authority to take original MOA  from CI

If Original MOA having with GIrl side is thre any problem...becasue we have only copy of MOA

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 June 2009

Yes you can avoid. Infact now they have no role. But plz also get attested your Xerox copy of compromise deed from any Notary and mention the conditions and file a copy of the same in the court also for any adverse action.

Feel Free to Contact or for any other assistance at

adv.kamal.grover@gmail.com
We deal cases in the courts all over India.
M: 09814110005
Regional office Chandigarh
We strive for your rights.

Good Luck

 


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