LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AJAY SINGH (XYZ)     30 November 2014

Should negotiate or not?

hi all,

I filed for divorce

Then DV+498 filed.. first mediation failed at PS.. 

Now opp party approached my counsel and asked for negotiation for settlement to part away peacefully..

Counsel asked them to do not talk to him and talk through their counsel. Now counsel asked me what do I want, and asked for my opinion. 

I am ready for negotiation but want clarification on some points:

(i) Should I involve my or his counsel in between? 

(ii) What precautions should I take during negotiation?

(iii) Can it be some other ploy? Bcz they are not asking any amt, they asking just return what they have given, and truth is what they gave is to the girl and is with the girl?



Learning

 4 Replies

Hardeep (Business)     30 November 2014

Just tell them everything is already returned to the girl and await their response. Given the laws , of which they are as aware as you, there will be demands sooner or later. Your counsel would be required for mutual consent petitions as well so you should go via him but keep another trustworthy relative in the meetings, if not you.

Born Fighter (xxx)     30 November 2014

1) do talk yourselves with some relative , keep aside your anger,ego if any...don't commit anything unless you confirm from your lawyer. Dont blame in meeting, keep all anger aside and talk peacefully to extent possible. many negotiation meetings fails due to anger/ego

2) ask them openly what they want to be returned which is of the girl ? then only you will come to know whats on their mind. Do not commit nor refuse anything in meeting...buy time so that you can think and consult with your lawyer

They make ask you to return any gifts given during marriage or expenses of marriage ...you never know...and if that amount is not big just give it  (or negotiate) and buy peace, rather than fighting divorce cases and wasting your time for 3-6yrs. However draft a very foolproof MCD agreement and ensure they do not put any demands later before the MCD gets ordered.  Put that amount as a settlement amount and don't say "you are returning what belonged to girl" (to avoid any 498a case later if negotiations/ fail OR they backtrack on MCD

3) As far as possible don't pay any money in advance before the final divorce is granted or pay by PDC cheque or pay 20-25% now and later on day of granting divorce. Play safe, all the Best !


(Guest)
Originally posted by : AJAY SINGH

hi all,

I filed for divorce

Then DV+498 filed.. first mediation failed at PS.. 

Now opp party approached my counsel and asked for negotiation for settlement to part away peacefully..

Counsel asked them to do not talk to him and talk through their counsel. Now counsel asked me what do I want, and asked for my opinion. 

I am ready for negotiation but want clarification on some points:

(i) Should I involve my or his counsel in between? 

(ii) What precautions should I take during negotiation?

(iii) Can it be some other ploy? Bcz they are not asking any amt, they asking just return what they have given, and truth is what they gave is to the girl and is with the girl?

 

 

Golden Opportunity.  Give them back what they have given, [make a list of it and give it back, take signature on paper, if possible VDO record such a transaction if it is in police station].  Its best to part ways like this.  Ask them to take back the cases DV and 498a before all this.  This should be the term of you agreeing to give back all her belongings.  If she dont agree to take back cases, dont give back anything now.  Just fight cases based on merits of the case.  And give things back only after getting divorce,   you should have filed RCR petition and then when she refuses to come back then you should have filed for divorce.  If she agrees to come back, ask her to take back 498a and DV and put condition that you will accept her back when she takes back both cases.  

AJAY SINGH (XYZ)     01 December 2014

@Helping hand.. Why file RCR when divorce already filed by me? and I said everything already with girl.... then where the question of returning arises?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register