• Mutual divorce and mode of payment

Dear Sir,

I will be completing 1 year by this June.

My wife had illegal affair with her collegue before and continued even after marriage. With in days immediate after marriage i got an email from her office official email id stating "Marriage with me is not her choice and its her parents pressure. I hate you. I would be happy if i married to my boy friend etc" used all filthy language over the email. I was in dilamma whether to tell to my parents or not as my dad is heart patient, i kept this with my self and forced by my in laws to set up family in a rented house. But i was not happy with her from the moment i got to know i am cheated and marriage is fake/fraud. I told wife abt divorce (mutual) else i want to go for contested. I left the house after i informed all my intentions.

My in laws filed 498A on all of my family members. They tried a lot to convince me earlier it didnt work out. They have political influence n corrupted police in order to made me accepted for huge alimony. Police not sharing the f.i.r number or copies but took signatures from us on 41A crpc. We are forced to accept for 10 lakhs alimony and article's exchange towards settelement through MUTUAL CONSENT.
 
My in laws are croocked and can do any kind of cheating.

1)  where to surrender gold articles in a legal manner? Need to have all proofs to prove we returned all genuinly.
2) where and when to give agreed alimony? In how many installements would be a safe game? 
3)I dont want to give them directly by hand. I want this to be under the eye of court. Can i deposit it to the court account and request court to grant any money only after the successful decree of divorce is passed?
4)Based on agreement and MCD PITITIOM What if i pay (to the girl directly) some amount lets say 50% first at the time of filing MCD and girl disappear for future hearings? Can i claim for my money back? Can i entitled as it is the contempt of the court as per agreement and will i be given with divorce irrespective of wife statement?
5)if i have to pay alimony does court agree to get the money deposited on the name of city,honorable court and can be withdrawn by wife only after divorce is granted? Can i have such clause?
6)wt would have happend if i would not have considered the police pressure? Can they have the right to beat me up? Arrest me n my family? We are abused by police as an extent. Maximum howmany days we have to be in jail to get a bail?
7)since fir is raised, if we goto PC for enquiry can they put us behind bars? Is it good to go to pc if fir is raised and not revealing the fir number or details. Wt to do in such case
8) in MCD  we are just going to mention non consumation of marriage and some un retrievable conflicts in couple asking for divorce without blaming each other. If wife dont turn up for second important motion and in future. This MCD WILL be dismissed. I ll have to file a contested suit. There i have to again showcase her original mistakes under cruelty and adultry. Dont the MCD and contested pititons data get conflict with each other?  Does MCD become a showstopper to prove her wrong in contested divorce?
Please advice.

Thanks
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1.Submit written notice to the IO expressing your willingness to return the gold items which would be done and you will get a seizure list.

2. When mutual divorce petition would be signed then you make the payment in 2 instalments.First when case is filed and last when case is finally heard.

3.You can follow the option mentioned in my reply no.1.

4.No, you simply lose the money.

5.No

6.No.Anyway you can get anticipatory bail.

7.Yes. Hence first take bail and then meet IO.

8.In MCD no allegations can be mentioned. It can be filed when the pending divorce suit, if any is withdrawn.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) [prepare list of gold jwellery

2) obtain signature of wife of receipt of gold jwellery in presence of 2 witnesess

3) alimony amount can be incporporated in consent terms

4) 20 per cent payment can be done at time of filing of pettion and balance80 per cent at time of second motion

5) you can deposit balance amount in court to be paid to wife at time of divorce

6) there can be clause in consent terms if wife with draws consent or refuses to attend court monney deposited would be refunded to you

7) there should be clause in consent terms that wife will cooperate and agree for quashing of 498A case .

8) in case wife with draws her consent you would be at liberty to file petition for contested divorce later

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Since you have been served the 41A notice you should immediately apply for and obtain AB lest you are arrested and put behind bars.

2. The articles should be returned to her through a legal notice. If she does not accept it then return it to the police station through an intimation sent through registered a.d.

3. Do not pay more than 20% of the agreed amount before the second motion is concluded.

4. If either party does not appear for the second motion in MCD then the court will have no option but to dismiss the MCD petition.

5. Do not go to police station without obtaining AB.

6. It is no contempt of court if either party abstains from appearing in the court after the MOU is executed to file and prosecute MCD.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Concerned,

Answers Below

1) where to surrender gold articles in a legal manner? Need to have all proofs to prove we returned all genuinely.

As FIR has been filed and you have agreed for Mutual Settlement - try not to exchange the article in police presence - as this case will be going to the court - sign on the Settlement agreement before going to the court and return the gold or draft in front of the magistrate only.

2) where and when to give agreed alimony? In how many installements would be a safe game?

Installments can be as per your wish but what ever you pay / give do it in prsence of the magistrate in the court so that it is documented

3)I dont want to give them directly by hand. I want this to be under the eye of court. Can i deposit it to the court account and request court to grant any money only after the successful decree of divorce is passed?

No - the decree of divorce will be drawn after the money is paid and written in the settlement agreement.

4)Based on agreement and MCD PITITIOM What if i pay (to the girl directly) some amount lets say 50% first at the time of filing MCD and girl disappear for future hearings? Can i claim for my money back? Can i entitled as it is the contempt of the court as per agreement and will i be given with divorce irrespective of wife statement?

Yes if some money is paid at the time of filing the first motion and the balance has to be paid at the filing of second one - wife may not be able to back out and even if she does it will affect all her case adversely.

5)if i have to pay alimony does court agree to get the money deposited on the name of city,honorable court and can be withdrawn by wife only after divorce is granted? Can i have such clause?

No the money has to be paid in name of wife however you may pray to hold the demand draft in the court and give to wife only at the time of filing the second motion .

6)wt would have happend if i would not have considered the police pressure? Can they have the right to beat me up? Arrest me n my family? We are abused by police as an extent. Maximum howmany days we have to be in jail to get a bail?

No there is no automatic arrest in 498A now. As soon as you receive a notice from the court you will have to apply for bail and you will get it sure.

7)since fir is raised, if we goto PC for enquiry can they put us behind bars? Is it good to go to pc if fir is raised and not revealing the fir number or details. Wt to do in such case

Answer as per point 6 , no arrest

8) in MCD we are just going to mention non consumation of marriage and some un retrievable conflicts in couple asking for divorce without blaming each other. If wife dont turn up for second important motion and in future. This MCD WILL be dismissed. I ll have to file a contested suit. There i have to again showcase her original mistakes under cruelty and adultry. Dont the MCD and contested pititons data get conflict with each other? Does MCD become a showstopper to prove her wrong in contested divorce?

As the DV and 498 has been filed and now the discussions is on settlement thorough money - there should be an issue in reference to your wife backing out after taking money and that too which would be recorded - in case thsi happens - it would effect your wife's matter adversly.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. You can agree to handover her articles in the court.

2. If the alimony amount had been forced upon you, it would be better you agree to give the same in court in installments during the phases of court case (mutual consent divorce)

3. You can give a post dated cheque and hand it over before court, this can be utilised by her only after the decree is passed.

4. This cannot be considered as contempt of court, however you make an agreement with her who shall promise to return the amount in case she is withdrawing her consent mid-way of divorce proceedings.If she violates the agreement conditions, you may file a money recovery suit based on the amount acknowledged by her.

5. Court will not interfere in such arrangements between the parties.

6. The police cannot pressurise you beyond certain extent forcing you to give that huge money.

Even now you can state to the police that you will hand over the money before court, but if you do not want to give the same, the police cannot put pressure on you nor the court. She has to file a separate petition before cou8rt for alimony and the court will decide only on merits after hearing both sides.

7.You should obtain anticipatory bail before attending inquiry session to avoid being remanded.

8 MCD is different to that of the contested divorce.

Dont mix it up with this.

In MCD you do not have to give elaborate reasons for seeking dissolution whereas in the contested divorce you may have to make detailed pleadings about all those things constitute the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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