Legal Question in Family Law in India

Respected Sir,

My marriage happened 2 year back. They have deceived and made the marriage. There is no consummation of the marriage till now because of the frigidity of my wife. When questioned about the same, She left to her home and has not come back till now. Since one and healf year she has deserted me. They have not agreed for any kind of amicable settlement despite of several attempts. So I filed a petition in the family court recently under section 12. After this, they have agreed for a outside settlement. We are asking them to come for a mutual consent. But the litigation is that they are saying that they need all her jewellery to be given outside of the court unofficially and they will become ex-party and shall not attend the court. So now my question is first of all

1. "Is it advisable to go in such a way?"

2. Is it possible for them to reopen such a case after taking the jewellery in case they become ex-party? If so is there any time frame within which it should be done?

3. Is there a process in court where in I can submit her jewellery and take an acknowledgement of the same?

Kindly let me know.

Thanks

Balaji.


Asked on 1/06/15, 1:43 am

1 Answer from Attorneys

the settlement outside court cannot be guaranteed as any party can back out later. a settlement before the court where the statement of parties is recorded, is advisable.

Adv. Rajiv

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Answered on 1/08/15, 8:23 pm


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