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Want to file for dowry case while mutual divorce is already in court


03-Mar-2023 (In Criminal Law)
Mutual Consent is going on. He gave post dated cheque, now he is dragging to pay cash. Can i file dowry case while MCD first motion?
Answers (4)

Answer #1
636 votes
Dear Madam,
In your case is routine to the courts.
you and your husband filed mutual divorce. In that petition have you mention the cheque amount which was given by him.
you already filed mutual consent, now you are ready to file dowry case. on what basis you are going to file such a case against him?

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Answer #2
745 votes
Hello,
you can file, but when the matter reached to compromise issue in amicable matter, why will you try to get complicated, try to settle the issue amicably, if not, then proceed and you can also entitled to file Maintenance case also apart from other marital disputes.
Answer #3
970 votes
Hi
If your husband has not paid monies, you can withdraw the consent given in MCD at the time of first motion.
Better to explain to the court first that the husband has not honoured the terms of MCD.
MCD claim is NOT dowry and hence you cannot file a dowry case now.
Answer #4
772 votes
1. whether you had entered cheque payment for your permanent aluniny in mutual consent if not
2. dobt attebd for adjournment date. you attend only after receiving amount. if no money received
3. then u file maintenance case.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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