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After First Motion other party is not willing to withdraw cases
01-Jun-2025 (In Divorce Law)
As per MoU, once the first motion is completed the other party has to withdraw execution and DV case. But they have not withdrawn the cases and also their statement is recorded in the order that they are not willing to withdraw cases. Now, can the first party claim the amount paid in first motion back ?
exact wordings are as below:
if the Second party commits any default or breach the terms of the present MOU she would return the already paid amount to the First Party.
Yes...you can always file a contempt petition before the court and ask for your money back if the opposite party is not willing to proceed with the mutual divorce. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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the other party is liable to return the amount. also you may consider filing a contempt petition in the high court since it is an mou before the court. however, the exact clauses of the mou as a whole and the court order disposing of the case in terms of the mou has to be seen.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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In such a scenario as above-stated by you, you can file a contempt petition in the court of law, as the other party is denying to abide by the terms of MoU. Also, you can claim the amount as well with penalty, if the same has been mentioned in your MoU, which was paid during the first motion.
For any further legal assistance please feel free to contact.
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Adv. Jia Kapur
Delhi | 200+ Answers
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If the opposite party has defaulted on the terms laid down in the agreement you can without any doubt demand and get back the amount paid in first motion. If they don't agree and you have to go for litigation they will have to give interest over the amount. For more details feel free to connect.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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I am Advocate Sumit Yadav, and we are a team of 10 advocates operating across India. To assist you effectively and guide you toward the appropriate legal remedies, I would need more information regarding your case. Kindly share the relevant details at your earliest convenience.
Hope to hear from you soon.
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Adv. Sumit Yadav
Delhi | 50+ Answers
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