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50% paid settlement not returned
28-Jan-2025 (In Divorce Law)
Can the wife record her statement to dismiss the case during second motion and not return the 50% of the settlement amount given to her during first motion as demand draft? Can such statement be recorded without receiving the first motion 50% amount ?
Hello Sir/mam
There are several remedies to deal with it .
Rest depends on matter.
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Advocate Kuber Hooda
Punjab and Haryana High Court , Chandigarh
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Adv. Kuber Hooda
Panchkula | 700+ Answers
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If your settlement terms included a statement that the amount will be returned, she will have to return it. Additionally, if order of first motion states about settlement terms, even then they can be enforced. Else, you can even file a separate recovery case against her.
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Adv. Manjeet Yadav
Gurgaon / Gurugram | 50+ Answers
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Adv. Ajay K Godara
Hisar | 100+ Answers
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Hello sir, for the question asked by you even if she’s going and recording her statement for not going ahead the second motion you must have entered into an agreement where she is required to return your back. The amount doesn’t agreement to that effect. Please feel free to contact us for a better resolution on this issue please call thanks.
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Dr. Preeti Manderna
Panchkula | 400+ Answers
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If the wife and husband enter a Memorandum of Understanding(MoU) for mutual divorce, then the wife as well as husband are contractually/legally bound by the terms of the MoU. So, if the wife intends withdrawal or dismissal of the case without returning the said amount during the second motion, she will be liable for legal action.
However, it should be noted that the wife can return the said amount and seek withdrawal/dismissal of the case.
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Adv. Ayush Singh Rathore
Gurgaon / Gurugram | 25+ Answers
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