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Siv (engineer)     17 December 2010

During compromise is it required to comply court order

Hi All,

 

Wife and husband compromised saying that both withdraw civil and criminal cases on each other and are agreed to get divorce on mutual consent and mutual consent divorce is filed in court saying that present and future maintencne matters are already settled and both filing this mutual consent divorce petition.

As per compromise points mentioned in the MCD, wife agrred to withdraw the CrPC125 case unconditionally and in this CrPC-125 case already interim maintencne order is passed by the court on which husband approached the High Court with revision.

My questions:

  1. Is it required to comply with the court order (on interim maintencne) in CrPC-125 case after filing the Mutual Consent Divorce in which wife agreed to with draw the CrPC-125 case unconditionally being maintenance matter is settled already before filing the mutual consent divorce (MCD) petition.
  2. Should Husband attend the CrPC-125 case after filing the mutual consent divorce.
  3. What if husband do not attend to CrPC-125 case assuming that wife comply with the compromise conditions mentioned in MCD.


Learning

 4 Replies

niranjan (civil practice)     17 December 2010

Ask your wife to withdraw her petition in the lower court and if she withdraws,you withdraw your revision from the HC,however,it is not advisable either not to attend IM application or your revision.

Siv (engineer)     17 December 2010

Can husband file a petition saying that both agreed to compromise and the matter is compromised and the compromise points are mentioned in the MCD (Mutual Consent Divroce) NO:AAA/2010 in this court and as per MCD wife has to withdraw the CrPC-125 unconditionally, hence CrPC-125 petition MC.NO:XXX/2010 is liable to be dismissed.

Is it permissable file a Mis Petiton with the above prayer. This way wife can be can be forced to give consent of her to the court through the counter affidavit to the Misc Petition. Filing the Misc Petition will be good for husaband ?

Please advice

Avnish Kaur (Consultant)     17 December 2010

WAT IF RESPONDENT DEVIATES/REFUSES MUTUAL CONSENT AT TIME OF SECOND MOTION  FROM THE COMPROMISE DEED IN CONTESTED DIVORCE ?

Siv (engineer)     02 August 2011

Still maintenancne matter settlement is valid and only mutual consent may not be come to logical end.


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