You can ask them to deposit the remaining money on court and file consent terms before court before quashing the FIR
Can I take my case closed
Hi, I have filed 498 against my husband and family. Now after FIR and some long discussions of 3 mnths from FIR filing, they decided to give only 1/2 money of dowry which we gave. Now they are asking me come to Lok adhalath and close the FIR and proceed for divorce. Here my problem is, if i Close the case then they will never and ever look back neither for giving my 1/2 dowry nor for giving me divorce. So As we are muslims, I told them lets close this all at a time by Asking our traditional process to take divorce in which we get a written paper of divorce. So giving money, sign on divorce and FIR close all can be done in one day. But they are not ready for that and they want Legal divorce and so they want to go through that process, for which they are telling I don’t have an option but only to close the FIR and file a drivorce case in the court. I am afraid that only this FIR i have in my hands and from June 2020 we started going to station, now today they came to this conclusion. Please suggest me what i can do that they don’t run away or can we go with our traditional process of taking divorce
Asked 3 years ago in Family Law
Religion: Muslim
13 Answers
You are entitled to full amount of dowry
2) in addition you are entitled to alimony from husband
3) you can get divorced by mutual consent as per Muslim personal law
4) don’t make the mistake of closure of case in Lok adalat unless husband agrees to return your dowry , pays you alimony
I am 28yrs old and a software professional. My parents are thinking to marry me again. That is the reason we accepted for half dowry and alimony wil be given if i am not married again. But I am afraid of closing th case in Lok Adalath. They accepted to give the half dowry before CI in police station, can we ask any written agreeement from them for closing the case and giving money.
Asked 3 years ago
Enter into MOU with husband
2) it should contain clauses regarding divorce by mutual consent, payment of alimony and closure of pending cases
Dear Querist
You should execute an agreement/Settlement in writing and based on that documents appear before Lok Adalath and settled the matter in Lok Adalath, he cannot disobey the order of the Lok Adalath, Order of the Lok Adalath is like a Decree and if he is not going to pay you the agreed money you may file an execution petition and his property can be attached or he may be sent to jail for non-payment.
FIR shall be quashed by the High Court.
Feel Free to Call
Tell them that you will proceed with the cases unless they agree to your terms. Ask your lawyer to argue and settle on your behalf.
First make a MOU with the other party on a stamp paper. Get it registered. Then you may proceed.
yes you can ask for written arguments but it will be better if you present the written arguments before court.
Whether a divorce on the basis of Muslim personal law or through court, it will not make any difference.
You may decide to not to insist on the divorce instead insist on the money tto be given by them to you.
You can inform them that once they settle the entire amount you would cooperate with them to close the FIR as per procedures of law.
Also you can give an assurance that once the FIR is closed then you will cooperate with them for the divorce case to be filed before court as per their desire by them so that you also would be contended to get relieved from all types of litigation and court cases.
If they do not agree for your proposal then you do not cooperate for their proposal, you may stand firm on your decision to receive the balance of amount that is due to you from them.
- As per law, the Lok Adalat having no authority to close the FIR lodged against him even after settlement , except High Court.
- If you wanted to divorce him legally, then you can move a joint petition before the court mutually on mutual divorce under the Muslim Law as well.
- However before approaching the court, you can enter into an agreement /MOU with him after narrating all the conditions clearly
In lok adalat you can express all your feelings and also insist on the agreement with the conditions you desire to incorporate n it.
There is nothing wrong in you dictating your terms in the lok adalat settlement and putting pressure on him to arrive at a negotiable platform.
You can discuss with your advocate and work out your strategies to come out successfully from this mess permanently.
1. You should insist that you are repaid the sum before you give your statement in Lok Adalat.
2. A written compromise deed should be executed wherein it should be recorded that they have agreed to pay back 50% of the amount. You should record your statement in Lok Adalat only after the sum is paid through DD.
Yes, ensure that they give what they have agreed to give you before the case is closed on Lok Adalat.
Or, let there be a settlement agreement in place duly recording all the vital considerations of your compromise with them.
Dear Sir/Madam,
You can ask for Memorandum of Understanding and if necessary get it registered and thus you can put an end for all the ending cases, if you are comfortable.
