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Author Topic: 498,420,467 compromise before fulfiling consent terms ? MCD  (Read 644 times)

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Offline manisha123

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498,420,467 compromise before fulfiling consent terms ? MCD
« on: January 07, 2017, 09:58:19 AM »
Dear Sir,
498,420.467,34 pending against my husband,conditional divorce is taken( MCD)that only after fullfilling consent term divorce is granted,but family cout judge gave MCD decree with consent terms are part of decree.Past 4 years my husband was not fullfiling consent terms( though he was to fullfill the same in 20 days after filing consent terms) ,but in last year  he fulfilled 2 consent terms partially.1) he deposited money in court but in year  2016 march
2)he relinqushed his rights to child  in shared matrimonial house( barring 5 instatlments all payments done by me)
All these time lawyer is telling me not to taken any money for education of child from husband ,though Consent term is there,he is also bent upon not giving it with excuse admission is not taken with consultation with me,fees receipts are without stamp etc.
What could be the remedy for it?whether to file WRIT/APPEAL in high court or file biagamy as i have his marraige certificate copy of year 2004 (consent decree is dated 2011)

what should i do ?as as soon as he has changed lawyer recently  ,who happens to well known to judge ,when talking to judge ,judge took his lawyers name & said oh this is ----lawyer case  ,i will be struct with you if dont file compromise in 498, its my oral order to file compromise in 498,420 case within  30 days.But there is arrest warrant application is pending for education fees consent term.
One of the term was only after these consent terms are fullfilled i will withdraw criminal /otherwise cases.
Pl guide.
« Last Edit: January 07, 2017, 10:00:01 AM by manisha123 »

Offline advjaibansal

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Re: 498,420,467 compromise before fulfiling consent terms ? MCD
« Reply #1 on: January 13, 2017, 03:20:28 AM »
Dear Ma'am,

For compliance and execution of decree/s, you can file an application under section 28A of hindu marriage act. He will immediately pay rather than taking any excuse.

Once, you have taken divorce on MCD then no writ appeal or anything will be maintainable even if you have a certificate of 2004. Please be limited to the compliance of the terms and conditions stipulated in the consent decree.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Dr Katta Venkata Rama Krishna

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Re: 498,420,467 compromise before fulfiling consent terms ? MCD
« Reply #2 on: January 15, 2017, 04:04:12 AM »
1) File the current status of non-compliance of court orders before the same court for further orders.
Adv Dr KattaVenkataRamaKrishna, MA(Eco) BL(Gold Medal) MSc(Psy) MBA(Gold Medal) MPhil PhD PGDip Trg&Dev, PGDip TempleCulture(Gold Medal) PGDCL(Cyber Laws) CIC CAIIB BScHMD(Lond)FBIH (Lond) MDPhD

 

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