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saurabh (advocate)     08 August 2010

Full and final settelment

1.) there is a full and final sttelment between the parties and they agreed on 10.7 lacs  for grant of divorce

what points need to be necessary to be there in the Memorandum of understanding

and please send me the format of any of such memorandum of understanding.

i am from  the girls side.

 

2.) in the above case husband filled the divorce in punjab and girls stays in delhi. girl filled the transfer petition in supreme court and that divorce case has been stayed by supreme court but transfer petition is pending before the supreme court itself.

 husband filled the anticipatory bail application in delhi high court in case of 498a IPC , and before delhi high court they agreed on  the full and final settelment.

husband now saying they file divorce by mutual consent in delhi  and withdraaw the divorce petition filled in punjab..but  divorce filleld by husband in punjab is stayed by supreme court.

can we file divorce by mutual consent in delhi , before supreme court hearing on transfer petition of divorce filled by husband in punjab. or should we wait  for date and tell the above facts first in supreme court .



Learning

 6 Replies

saurabh (advocate)     08 August 2010

please assit me its urgent

R.Ranganathan (Advocate)     08 August 2010

If both parties are agreeing then you can go in for the divorce by mutual consent. You can ask husband to withdraw the case in Punjab and when the transfer petition comes up before the Supreme Court, represent that the divorce petition has been withdrawn by husband and close that Petition.

Further you can file a mutual consent divorce and make the settlement in Court at Delhi itself.


(Guest)

Thank you.

Excellent advice flow by Sh. Prabhakar, in my view I think P&H HC will hold the withdrawal till SC direction.

prakash sahay (advocate)     10 August 2010

once the parties agree divorce suit can be filed but it is the duty to protect the couple from divorece because of after effect on society

Prakash Sahay

saurabh (advocate)     12 August 2010

thanks for all the valuable advice...


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