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Delay from other side in filling first motion
07-Apr-2023 (In Divorce Law)
Our mutual consent divorce is finalised. We hv got date for first motion of May,2021. MOU was signed in January but my husband’s family & lawyers purposely delayed in filling first motion though they have withdrawn divorce case
(litigation). While filling MOU we did sign an affidavit that whoever will resile will have to pay double the settlement amount to other. Their bail matter is pending & they want me to withdraw my DV case before first motion. Now problem is as they purposely keep delaying matter i have doubt that if I withdraw my DV case they will again delay in giving settlement amount in May or while proceeding for second motion. My question is if i miss my DV date & do not withdraw it before first motion can they refuse to give cheque on first motion stating that did not withdraw my DV case ??? Can they now resile at any point ??? Plz suggest
Hu,
As per the information provided by you, it is essential to understand the whole background of the case so that proper and genuine advise can be provided. Secondly the matter dealt is of serious nature, I would recommend to have a meeting with all the documents.
As per the information provided by you, it is essential to understand the whole background of the case so that proper and genuine advise can be provided. Secondly the matter dealt is of serious nature, I would recommend to have a meeting with all the documents.
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Adv. Ayush Kapur
Delhi | 200+ Answers
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hello client as i can see ur issue is very genuine i agree. in these condition ur absolutrly on ur part there are chances of getting defrauded on the name of case cancellation in this condtions . u need to be very much carefull as well as you also need to have very knoweledgeable advocate also dur to whom you can be safe. so you need to take spacific steps to save gaurd ur interest.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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You have several cases pending against each other. You reached a settlement and wish to file divorce petition. In such a situation sometimes lot of people try to misguide both the parties and they try to act smart with each other and the terms of the agreement are not honoured.
It's better for you if you meet us in person along with the copy of settlement so that we can guide you at every step and take care of your interest as per law.
Brij Mohan(Adv.)
It's better for you if you meet us in person along with the copy of settlement so that we can guide you at every step and take care of your interest as per law.
Brij Mohan(Adv.)
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Adv. Brij Mohan
Delhi | 100+ Answers
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There are various legal arrangements to cater to such situations. You may contact me discuss the nuances of the facts. Thi ha can be easily taken care of without any hassle. Kindly contact me and discuss. We can indirectly force the contracting out party.
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There are enough legal tools to tackle this kind of a problem. The other side can be indirectly be called to the terms of the MoU successfully. Please contact in case further assistance alongwith the case file.
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There can be no resilience subject to all just exceptions if any. You may indirectly compel the retracting party to come to terms provided your counsel is seasoned in doing all these things. You may contact me with specific details. I will help.
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Don’t withdraw your domestic violence case. You ask them to hand over the cheque as agreed and also ask them to deposit the remaining amount in court as FDR. When first motion is done then withdraw your Domestic violation case
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Adv. Prasanna Mohan
Delhi | 25+ Answers
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in your interest it is better as you are currently on heavy position . you can renegotiate the terms and collect your settlement amount first of all because after withdrawing the DV case they can give excuses and can delaye in payment of settlement amount.
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Adv. Aditya Sharma
Delhi | 25+ Answers
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If u hv any apprehension u must take draft from
then n not cheque ..bcoz cheque bounce too is a long procedure ...u need to be more clever n if u doubt then do not withdraw your case until u get the amount ..plz b in touch
then n not cheque ..bcoz cheque bounce too is a long procedure ...u need to be more clever n if u doubt then do not withdraw your case until u get the amount ..plz b in touch
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Adv. D. Khan
Delhi | 500+ Answers
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Maam if they are not filing first motion for the reason that you withdraw your DV matter, then my suggestion is both the matters are separate in nature and mutual divorce is agreed after settling all the legal and personal disputes if any. Kindly read the MOU correctly and see is there any condition to withdraw the previous complaints and litigations to get mutual divorce then you have to otherwise and however if it is a trick from your husband side to get the matters withdrawn and not give you divorce later, then don’t withdraw it. And if there is no clause as such in the MOU then Kindly consult your lawyer. Because MOU should be appropriately drafted so that no loop hole is left in it which the other side can misuse later in future. If you still have any doubt, kindly contact.
Thanks
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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