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wife not signing affidavit for 498a quashing after divorce


 

I went for a MCD and got the Divorce. As per the MOS the last remaining payment is to be released to her after the quashing. 
My lawyer prepared the Petition for quashing and had me and my family sign the affidavits and sent the entire package to the girls attorney to sign before filing. They then changed their mind and declined to sign the affidavit as they are looking to change a few terms of the MOS. I asked for the original petition and affidavits back. The girl's attorney kept the original affidavits and sent photocopy back .

What misuse can the other party use the affidavit in ? 
What legal precautions should i take in this case to protect myself.


Shall i have my attorney file the 498a Quashing petition anyway and let the other party record their statement in the High Court ?
I can argue to non compliance of the MOS.

Look forward to immediate steps to take before the courts close.

Thanks
DW.

 
Reply   
 
Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear,

 

All the terms and conditions were settled before the court. she has to be bind by that she cannot retract from her statement before Mutual Consent petition.

You can approach the High court. Narrate whole affairs to the High Court Judge.

Rajiv Bhasin 

Advocate

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

 
Reply   
 


advocate

for now courts are at vacation moods 

talk to your wife advocate and discuss the changeable terms and prepare a draft and send that draft to them and then finally draft let her sing first and then before filing you can file it 

you have not filed so no problem in the copy held by them 

 
Reply   
 
Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Please tell me whether MOS was signed or not signed. if signed before the court, mediation and conciliation centre then she cannot retract and add / amend it. she has to be bind by that and you can file contempt petition before Hon'ble High Court.

 

Rajiv Bhasin

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

 
Reply   
 

Mr Rajiv - The MOS was signed before the Court and according to it we deposited the entire payment in the Divorce Court to be released in 2 parts. 1st part when the 1st motion went thru and the 2nd payment when the quashing is done.

So do we file for quashing in the High Court of Delhi and let them take their stand before the Judge or we file both the Quashing Petition AND a Contempt Petition ?

Mr Mahesh - They have the original Petition for quashing and the Original Affidavit and are not returning it by saying they dont have it. Can the affidavit be misused in any way ? How can we protect outselves ?

 

Appreciate any help.

 
Reply   
 
Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear,

As adviced by Mr. Mahesh, sort out issue and talk to her advocate and make him under stand that now you cannot retract add or amend anything. if the condition is not svere then do it instead of wasting precious time and money. 

You can again get the printout from typist. They cannot misuse the petition / affidavits but they can copy your signatures as the  specimen are with them. Ask their advocate to return it.

 

Rajiv Bhasin 

Advocate

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

 
Reply   
 
Professional

How much did you pay??

 
Reply   
 
Other

she can very well retract from her statement ....... u will be in mess then.......better to plea in front of court that she is not abiding by the terms mentioned in MOU and you should ask for the payment u made if she is not ready to take cases back.....

 
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