Q1. I got married to a girl from india. We stayed together for few days. Then i came
back to Canada. Things didn't work out and it ended up in divorce stage. The girl family
has asked to give them 4 lacs for settlement.
After agreeing to settlement amount now the girls family don't want to file mutual
divorce. They are telling us to send them the money first. Then the girl will file for
divorce from her side. They are also saying that when we receive the divorce papers at
my canada address then we should not sign it and then it will be automatic divorce.
Kindly advice. I am not able to understand why they don't want me to sign the divorce
papers when i am ready to do the same. Should i give them money first ? Please advice
how to handle to situation. -SS
Ans. Do not agree to what they are saying. If you are agreeing to settle the case
mutually by paying money then the case should be filed as mutual consent divorce
petition. If they are asking you to do something as mentioned above, that means that
they may file a case taking the ground of cruelty or some other and put lot of allegations
against you and your family. Since you will not accept the summons/notice, you may
not get the opportunity to object the contents. So you see for your wife it is a win win
situation, she will get money from you and can get divorce on her terms and sympathy
from the society.
Q 2. My Wife's Father and Brother has taken MOU agreement copy Original for taking
my wife's signature and later they given Xerox copy to me and told after Divorce we
will give. Now they are going against to MOU. MoU done outside the court and they
didn't attached the MOU in Divorce Petition and filed Divorce sec 13 1 ia,ib. My wife
was at her home at the time of mediation and her parents and brother, relatives attended
the Mediation.
1) My wife and her parents are not following MoU and not giving Original copy ?
2) Is Xerox copy valid in court ?
3)How to collect Original copy of MoU from My in laws?
Please advise. -LP
Ans. You say that you have xerox copy of the MOU, then file a petition through your
lawyer in the court where is the divorce petition filed there in that case itself to submit
the MOU to court once you get summons, they has to answer about original because
once a copy is filed in the court if they disobey any point afterwards you can question
them through court and there you will have upper hand and they should respond to
court.
