My wife is a lawyer ( specialized in IPR ) and i am into service industry .I really need an expert suggestions/opinion to help me in handling my divorce case. She and her family asked for 30Las alimony i called my wife to understand why is she asking too much as she knows very well my capacity that i can not afford that much amount . she mentioned that she will file cases against me and my family if i dont pay the said amount and i asked her why and on what basis is this coz its a trend? and to which she agreed to it. ( i have the call recording of the same )After couple of days she and her family agreed with 12 L F&F settlement amount and with exchange of items ( jewelry , laptop, phone etc ) which are in her possession and mine During the process of making settlement deed ,. I paid 3 L by chq at the time of signing the agreement and handed over the items which were in my possession . ( i have the receiving copy of the same but not the agreement papers. Though it was checked by my lawyer before we signed but soft copy is there. Sadly she and her lawyer did not file the papers and we have chased them as well but they have simply making excused and baliming us that we did not communicate on the availability. My lawyer responded on email to her and her lawyer that to file the papers in next 7 days and if not than consider this 3 L as full and final settlement. They rather replied after 10 days on that email stating, we agreed on the settlement however it was me who was not available and my lawyer threaten them with legal remedies . Asked my lawyer to withdraw the previous email. To which my lawyer did not respond stating that they are making fool of ourselves and not clear what they want .After one month i am getting another legal notice from her new lawyer that states false allegation of dowry / physical harassment and torture to her and humiliated her parents by me and my mother and deserted her . It is mentioned in the notice that we agreed on 12 L but after paying 3 L I did not come further to complete the paper formalities and backed out which is completely a lie. Also asking us to return the stridhan .Same complaint has been filed in CAW Cell ( Delhi) as well and i have been called by them . I am not sure what is going to happen now , Please suggest or share your opinion to handle this further. I agreed to pay 12 L on the basis that we dont have to go through all this but things are getting ugly now just fyi - We have not been living together in parental house after my marriage . As due to my job i live in different city on rent .
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1) engage local lawyer and file detailed reply to legal notice
2) mention that after payment of Rs 3 lakhs you were willing to complete paper formalities f and payment for balance amount
3) you should appear before CAW cell on date mentioned in the notice . mention that you are willing to pay balance amount as per consent terms
Thank you & appreciate Ajay for you response !I am completely okay to do the settlement as it was agreed earlier but My concern is what if they increase the demand in CAW cell also as they mentioned to return the stridhan to which i am getting a gist that she is not willing to return or exchange the items including jewellery perhaps wants everything from my side . Can i legally take a stand on the terms & conditions which was agreed earlier for the settlement . What are ground for me to fight legally if she does not agree on the previously agreed T&C. I agreed to pay earlier amount to ensure to settle this amicably avoid all this nuisance but if i and my family really had to go through this harassment procedure then can i also fight and back out from what we agreed earlier and challenge her to get the order from court to pay. I am taking Loan to pay off this 12 L so you can imagine the burden on me . She is working with LAW firm in delhi and while she was staying with me , she was working independently . Can she claim for the maintenance...What is you opinion here ( time is not a problem for me ) I understand 4-5 yrs is avg time on the consented divorce .
you are bound to return wife stridhan
2) jewellery given by your family at time of marriage also constitutes her stridhan
3) you can take the plea that you are willing to honour terms of settlement
4) if wife is working and earning decent salary and there is not much difference in your income she is not entitled to maintenance
5) contested divorce takes 5 years to be disposed of
What was the mediation result in the CAW cell.
Since they have admitted for having received 3 Lakhs as initial payment, let she go ahead with the criminal cae, which can be defended properly on the basis of the amount received by her earlier.
If she is not honoring the agreement made earlier, you can send a legal notice asking her to return the amount she received and you will face her in the court properly if she is not coopering for an amicable solution as agreed earlier.
The solution between you is to again arrange for a talks for an amicable settlement on the lines of the previous agreement.
If she is not agreeing on the previously agreed terms and conditions, you may ask her to proceed legally which can be challenged by you as per law.
Do not budge to any pressure tactics played by her or her cunning lawyer.
There is no necessity for you to take thing always lying low, you can stand up and give a tough challenge, she will run amok.