Complaint in CAW cell after agreeing on the settlement
My wife is a lawyer ( specialized in IPR ) and i am into service industry .I really need an expert suggestions/opinion to help me in handling my divorce case. She and her family asked for 30Las alimony i called my wife to understand why is she asking too much as she knows very well my capacity that i can not afford that much amount . she mentioned that she will file cases against me and my family if i dont pay the said amount and i asked her why and on what basis is this coz its a trend? and to which she agreed to it. ( i have the call recording of the same )After couple of days she and her family agreed with 12 L F&F settlement amount and with exchange of items ( jewelry , laptop, phone etc ) which are in her possession and mine During the process of making settlement deed ,. I paid 3 L by chq at the time of signing the agreement and handed over the items which were in my possession . ( i have the receiving copy of the same but not the agreement papers. Though it was checked by my lawyer before we signed but soft copy is there. Sadly she and her lawyer did not file the papers and we have chased them as well but they have simply making excused and baliming us that we did not communicate on the availability. My lawyer responded on email to her and her lawyer that to file the papers in next 7 days and if not than consider this 3 L as full and final settlement. They rather replied after 10 days on that email stating, we agreed on the settlement however it was me who was not available and my lawyer threaten them with legal remedies . Asked my lawyer to withdraw the previous email. To which my lawyer did not respond stating that they are making fool of ourselves and not clear what they want .After one month i am getting another legal notice from her new lawyer that states false allegation of dowry / physical harassment and torture to her and humiliated her parents by me and my mother and deserted her . It is mentioned in the notice that we agreed on 12 L but after paying 3 L I did not come further to complete the paper formalities and backed out which is completely a lie. Also asking us to return the stridhan .Same complaint has been filed in CAW Cell ( Delhi) as well and i have been called by them . I am not sure what is going to happen now , Please suggest or share your opinion to handle this further. I agreed to pay 12 L on the basis that we dont have to go through all this but things are getting ugly now just fyi - We have not been living together in parental house after my marriage . As due to my job i live in different city on rent .
Asked 7 years ago in Family Law
Religion: Hindu
Thank you & appreciate Ajay for you response !I am completely okay to do the settlement as it was agreed earlier but My concern is what if they increase the demand in CAW cell also as they mentioned to return the stridhan to which i am getting a gist that she is not willing to return or exchange the items including jewellery perhaps wants everything from my side . Can i legally take a stand on the terms & conditions which was agreed earlier for the settlement . What are ground for me to fight legally if she does not agree on the previously agreed T&C. I agreed to pay earlier amount to ensure to settle this amicably avoid all this nuisance but if i and my family really had to go through this harassment procedure then can i also fight and back out from what we agreed earlier and challenge her to get the order from court to pay. I am taking Loan to pay off this 12 L so you can imagine the burden on me . She is working with LAW firm in delhi and while she was staying with me , she was working independently . Can she claim for the maintenance...What is you opinion here ( time is not a problem for me ) I understand 4-5 yrs is avg time on the consented divorce .
Asked 7 years ago