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Case Has settled but Respondents not completing first motion.
05-Apr-2024 (In Divorce Law)
Our case ( complainants) has settled in Mediation of one of the district courts however the respondents were supposed to complete first motion (first payment) in the first week of April 2024. Our lawyer says their advocate is delaying the matter and not signing on the affidavit. We have still not withdrawn any case but little doubtful that our lawyer has started advising them to get rid of the settlement and assisting them to come out of it or may be giving other alternatives to them. Remedy pls
If you have settled your grievances in mediation then the respondent is duty bound to pay you according to the settlement deed. And if the respondent has failed to do the same then you need not withdraw any pending cases and continue with them. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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If the other side is not abiding the terms of settlement you may initiate legal proceedings against them. Mutual divorce is filed on the amicable decision of both the parties and if once has mischievously used the settlement to avoided serious proceedings then the same needs to be addressed to the court immediately. For any better advice feel free to contact.
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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You should send a lawyers notice issued to the other party asking them to comply with the terms of the settlement. In case they don’t comply, you will have to seek the intervention of the concerned court.
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Adv. Siddhant Jain
Delhi | 5+ Answers
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Well though the matter has been settled in mediation proceedings unfortunately none of such proceedings are binding upon parties nor court can enforce the same. however, since you haven't withdrawn any of the cases so far you do have the option of proceedings with those cases further unless the respondent complies with the settlement and if you are having any doubt as your existing advocate then you might consult some other person and proceed with your existing on going litigations.
Here it is worth mentioning that conduct of the respondent delaying the proceedings will be recorded and this might provide you with opportunity to ask for costs if the opposite party seeks adjournment using any delay tactics
Here it is worth mentioning that conduct of the respondent delaying the proceedings will be recorded and this might provide you with opportunity to ask for costs if the opposite party seeks adjournment using any delay tactics
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Adv. Himanshu Madan
Delhi | 5+ Answers
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Regrettably, you cannot force a party to be the first to sign a motion. Even the courts lack the authority to enforce this. Although the courts can issue a notice, it may not yield the desired outcome. My recommendation would be to consider filing a contempt case against the party who has not complied.
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Adv. Arinjay Bisht
Delhi | 5+ Answers
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