Reimbursement of marriage expenses

Sir, A case of mutual divorce was filed by my sister in Oct 2016.everthing was decided by both parties in panchyats before filing the case. It was decided that the whole expenses will be returned to each other by both parties. So according to it ,expenses were calculated and divided , it was further decided that the final amount of one lakh which will be given to us by other party will be given on final day of decision by court.everthing was written and signed by all panchyats members.The person who is d intermediator took whole responsibility of returning the money.on final day this intermediator person told us to collect the money from his house after the hearing.The divorce was granted on that day.but we did not get our money . Then he told us that he will pay the money by installments .up to now only ten thousands has been transferred by him and ninety thousands are still pending.Now he is refusing to pay the money and saying that he had already paid whole the money . FIR has been lodged by us few days back.... pls guide me what will be next step. And what is d procedure in judiciary to recover our money.... thanks

Asked 7 years ago in Civil Law

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4 Answers

Dear Concerned,

This money has been taken by this mediator and seems that the complete one lac has been paid by the opposite party to this mediator. However as the terms and condition of the Divorce the 1 lac money has to be paid - in reference it is better that - you file an execution petition in the court to instruct the opposite party to pay rs 1 lac to you as per the agreement . At this stage when notice is sent to the opposite party the opposite party might help you to get your 90k rupees from this mediator as they would have paid him.

If there is no written document that this person has 90 k rupees then it doesnt seem that any action will be taken by the police on the FIR

Best of Luck

Atulay Nehra

Advocate, Noida

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Talk to Advocate Atulay Nehra

your sister can file suit to recover the sum of Rs 90,000 from her ex husband as per agreement entered into by parties

2) she should also make the mediator party to the suit

3) in addition your sister can claim maintenance from her ex husband under section 125 cr pc

4) since FIR is filed wait for police investigations to be competed and charge sheet filed by police

Ajay Sethi

Advocate, Mumbai

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Hello,

1) You have done the correct thing by approaching the police. The police will investigate and submit the findings to the court and the accused will receive summons from the court to appear before it.

2) If the police fails to submit the charge sheet , you need to approach the court requesting to direct the police to act.

3) The alternate option you have is to approach the civil court and file a suit for recovery. It would be less expensive to follow the current case initiated with the FIR.