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Husband not paying money agreed on while filing for divorce
12-Sep-2023 (In Divorce Law)
We have filed for mutual divorce in terms not mentioned in suit but verbally that my husband will pay me some amount not fixed what exactly the amount will be for maintenance and will be 50% beneficiary of the sell proceeds of 2 flats we own jointly.But during this 5 months after filling he has not kept his words and now threatening me of not paying a single penny. What are the actions I can take in order to make sure that he keeps his promises and give me the amount I deserve.I was working in MNCs and left my job twice for saving my marriage and my last drawn salary was around 70k monthly in year Dec'2016.Currently im unemployed and trying to search something lucrative but in vain. Our marriage took place in Dec '2009 under special marriage act 1956.We filled for divorce on 12th Apr'2018. Plz advice
Immediately lodge an FIR and proceed under section 498A.
File a criminal appeal if possible.
These are common situations.
You should have been more careful while making the mutual divorce under 13B.
You can consult me.
File a criminal appeal if possible.
These are common situations.
You should have been more careful while making the mutual divorce under 13B.
You can consult me.
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Adv. Sayantan Patra
Kolkata | 25+ Answers
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You also give a threat your husband that better to provide the maintenance amount on a continuous basis as he was doing earlier, else you will seek the Courts intervention to seek maintenance. Apart I don't know your qualification, but seems you are qualified due to which sometime the Court set back to award any maintenance. Please seek advice with the necessary details and documents otherwise it is very difficult to provide a correct advice.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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You can file a maintenance case against your husband to obtain the entirity from him and also he will get bound and court orders will be painful for him and if he doesnt pay he will be jailed and punished
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Adv. Aveek Bose
Kolkata | 500+ Answers
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You should have got the terms of settlement in papers i.e. Settlement Deed or MOU before filing and moving first motion for MCD. Since the terms of settlement are not in papers so it evident that he will retract from his words. Whatever happened happened it's not too late. Now you're required to give him a legal notice to him to come to your terms of settlement failing which you're under no obligation to move jointly the second motion. If he comes to terms and execute the Settlement Deed/MOU then you should move the second motion jointly. Otherwise let the MCD become infructuous for non-appearance.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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